Court Decision Highlights Importance of Post-Purchase Terms and Conditions

Morrison & Foerster LLP
Contact

In its recent decision in DeFontes v. Dell, Inc., No. 2004-137, 2009 R.I. LEXIS 142 (R.I. Dec. 14, 2009), the Supreme Court of Rhode Island held that an arbitration clause, contained in terms and conditions provided to customers following purchase, was unenforceable because the customers were not given the opportunity to reject the terms and conditions by returning the purchased goods. This case serves as an important alert to companies that seek to impose terms and conditions on their customers through any form of post-purchase documentation, such as “shrinkwrap” agreements, order confirmations, invoices, or product packaging.

Please see full publication below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Morrison & Foerster LLP | Attorney Advertising

Written by:

Morrison & Foerster LLP
Contact
more
less

Morrison & Foerster LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide