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Commercial Law Keyed to Whaley
Klocek v. Gateway, Inc.
Citation:
104 F. Supp. 2d 1332Facts
Klocek purchased a computer from Gateway and Gateway included in the computer packaging its Standard Terms. In the Standard Terms was a clause to notify the purchaser that keeping the computer beyond five days constituted acceptance of the terms and conditions contained in the Standard Terms document. Also included in the Standard Terms was an arbitration clause, binding the purchaser to participate in arbitration rather than bring a lawsuit for any legal dispute. Klocek brought individual and class action claims against Gateway. Gateway moved to dismiss, requesting that the arbitration clause be enforced.
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