In Klocek v. Gateway, Inc., 104 F. Supp. 2d 1332 (D. Kan. 2000), a federal district court concluded that a purchaser, who was not a merchant, did not accept the "standard terms and conditions" which were included in the package containing the computer that the purchaser purchased from the seller. The court found that, under 2-207, the standard terms "would constitute a counter-offer only if the seller expressly made its acceptance conditional on the buyer's assent to the additional or different terms." Id. at 1340. The additional or different terms only became a part of the contract if the buyer expressly agreed to the terms. The court concluded that the buyer did not expressly agree to those terms merely by keeping the computer for a specified time. Id.