Shrink-wrap agreements are sometimes called shrink-wrap licenses and are the internet equivalent of click-on agreements. A shrink-wrap agreement is an agreement whose terms are expressed inside a box in which the goods are packaged. Normally, a shrink-wrap agreement is not between a retailer and a buyer, but between the user or buyer of the product and the manufacturer of the hardware or software (Miller & Jentz, 2008). Many courts have determined that the seller has proposed a contract by including the terms with the product that a buyer could accept after reading the terms and using the product. A buyer’s failure to object to the terms contained within a shrink-wrap software package constitutes an acceptance of the terms by conduct. In this case the terms of the shrink-wrap agreement will be enforced by the courts. Shrink-wrap agreements will not be enforced by the courts if it is determined that the seller communicates the terms after a contract has been formed with a buyer. Under these conditions the courts would find the terms were not a part of the contract unless the buyer agreed to them (Miller & Jentz, 2008).
In Mary DeFontes’ case she purchased the computer which contained an agreement that included the remedies available and the terms of the sale. By keeping the computer and using it for longer than thirty days and failing to object to the terms, it looks as if DeFontes is in acceptance of these terms. Dell’s website included an inconspicuous link at the bottom of their website which was available for DeFontes to view during the time of her purchase. Based on the information given in this case scenario the courts would more than likely rule in Dell’s