This comment will examine this seemingly basic question through the lens of two recent Gateway cases. In Hill v. Gateway 2000, Inc., the Seventh Circuit held that the Standard Terms were part of the sales agreement, and thus, the consumer was bound by them. The United States District Court for the District of Kansas, in Klocek v. Gateway, Inc., however, held that the contract for sale had been made when the seller identified the computer for shipping, or at the very least, shipped the computer, and thus, the Standard Terms were merely proposals of additional terms to which the consumer had not expressly assented.
David J. DePippo,
Dear Sir or Madam: You Cannot Contract in a Closet,
U. Rich. L. Rev.
Available at: http://scholarship.richmond.edu/lawreview/vol35/iss2/7