Brower v. Gateway 2000, Inc.

Brower v. Gateway 2000, Inc. - Contracts 9/29 Battle of the...

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Contracts 9/29 Battle of the Forms: Electronic Contracting Brower v. Gateway 2000, Inc., New York Supreme Court, 1998. Facts : Brower ordered a computer and it came with a copy of Gateway’s “Standard Terms and Conditions Agreement.” The agreement begins with a “NOTE TO CUSTOMER” which says “By keeping your Gateway 2000 beyond 30 days, you accept these Terms and Conditions.” In a dispute resolution paragraph: “Any dispute… shall be settled by arbitration. Arbitration shall be conducted in accordance with the Rules of Conciliation and Arbitration of the International Chamber of Commerce. Arbitration shall be conducted in Chicago, Il.” Plaintiffs allege: breach of warranty, breach of contract, fraud, and unfair trade practices. In particular, they focused on Gateway’s advertising that promised “service when you need it.” Gateway moved to dismiss based on the arbitration clause. Brower argues that the arbitration clause is invalid under 2-207, unconscionable under 2-302 and an
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Brower v. Gateway 2000, Inc. - Contracts 9/29 Battle of the...

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