104 F. Supp. 2d 1332 (D. Kan. 2000)
The case of Klocek v. Gateway is pivotal in illustrating the complexities surrounding standard form contracts and the application of the Uniform Commercial Code (UCC), particularly Section 2-207.
Whether the terms and conditions, presented after the sale in a standard form contract and including an arbitration clause, become part of the contract between Klocek and Gateway under the UCC.
Under UCC 2-207, additional terms in a written confirmation that is sent within a reasonable time become part of the contract unless (a) the offer expressly limits acceptance to the terms of the offer, (b) they materially alter the contract, or (c) notification of objection to them has already been given or is given within a reasonable time after notice of them is received.
The court held that Gateway's additional terms did not become a part of the binding contract. The arbitration clause in the terms was not enforceable against Klocek since it was not agreed upon at the time of purchase.
Klocek v. Gateway is a landmark decision in the sphere of consumer contract law, emphasizing the consumer's protection against post-sale imposition of contractual terms. It reinforces the principle that sellers cannot unilaterally impose terms on buyers after the formation of a contract without explicit acceptance. The case is a cautionary tale for businesses relying on shrinkwrap agreements to impose conditions without clear and explicit consent, thus significantly influencing how standard form contracts and arbitration clauses are viewed in consumer relationships.