Klocek v. Gateway
United States District Court, District of Kansas
104 F. Supp. 2d 1332 (2000)
Klocek (plaintiff) ordered a computer from Gateway (defendant). Gateway included its Standard Terms in every shipment of a new computer. At the top of the first page of those terms Gateway informed the purchaser that keeping the computer beyond five days constituted acceptance of the terms and conditions. Included in the Standard Terms was an arbitration clause. Klocek and others filed suit in the United States District Court against Gateway and others regarding the purchase of Gateway computers. Gateway moved to dismiss, requesting that the arbitration clause be enforced.
Rule of Law
Holding and Reasoning (Vratil, J.)