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Contracts Keyed to Kuney
Klocek v. Gateway, Inc.
Citation:
104 F. Supp. 2d 1332 (2000).
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
Klocek purchased a computer from Gateway. Included in the box with the computer was a smaller box that contained the computer’s batter power cables and instructions manuals. Also in this smaller box was Gateway’s Standard Terms and Conditions Agreement. At the top of the first page of the Standard Terms was a notice to customers that “[b]y keeping your Gateway 2000 computer system beyond five (5) days after the date of delivery, you accept these Terms and Conditions.” The Standard Terms was four pages long and contained 16 numbered paragraphs. Paragraph 10 contained an arbitration clause requiring that “[a]ny dispute or controversy” was to be “settled exclusively and finally by arbitration.”
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