Stenzel v. Dell

Reporter of Decisions Argued: October 19, 2004 [¶1] Jeffrey Stenzel and Robert Gerber appeal from a judgment of the Superior Court (Cumberland County, Crowley, J.) dismissing their class action complaint in favor of enforcing an arbitration clause in the standard form agreement between them and Dell.1 Stenzel and Gerber's first amended complaint alleged that Dell had unlawfully collected sales taxes from them on service contracts and shipping charges. On appeal, they argue that the court erred in dismissing the action because (1) they never manifested an intent to be bound by the arbitration clause; (2) the contract as a whole, and the arbitration clause in particular, are illusory; and (3) the arbitration clause is unconscionable. We disagree and affirm the judgment. We also affirm the judgment as it applies to QualXServ, LLC, and BancTec, Inc., the third-party service providers, because, as Dell's assigns, they are expressly entitled to enforce the arbitration provision. I. CASE HISTORY