Wachter Management Co. v. DCI

Wachter Management Co. v. DCI - Wachter Management Co. v....

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282 Kan. 365 (2006) Fact: Procedural Facts: Operative Facts: DCI was a software company and Wachter was a management company. DCI was trying to sell Wachter software, and throughout a couple of years, DCI wrote up a proposal to Wachter. After they signed the proposal, DCI sent some of the software to Wachter. The disk was shrinkwrapped, and had a lable that states more terms. Also states “by opening this sealed disk package, you agree to be bound by this agreement…” In the terms, they state that there was a choice of law/venue provision, where all law suits would go to King County, Washington. Once Wachter had a lawsuit, they sued in Johnson County, Kansas. Issue: Whether the additional terms on the shrink wrapped was considered part of the contract or agreement between the two. Rule: Rational: The contract was formed when the parties signed the proposal. Since there was already a valid contract, the shrink wrapped was an attempt to modify the contract by DCI. Since
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Wachter Management Co. v. DCI - Wachter Management Co. v....

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