Rogers v. Dell Computer Corp

In Rogers v. Dell Computer Corp., Case No. 99,991, the Court concluded that the plaintiffs were not bound by an arbitration clause contained in a "terms and conditions" document that was included with the invoice or acknowledgment of the plaintiffs' order for a computer. The Court found that the trial court correctly denied Dell's motion to compel arbitration. Our decision rested on the fact that Dell had reserved the right to unilaterally amend the agreement. In reaching its decision, the Court discussed the plaintiffs' contention that they were not bound by the "terms and conditions" document because the document was delivered with their computer and they did not agree to be bound by the terms of the agreement.