Lowe's blows

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re: "If Lowe's is not responsible to the end buyer why would they care if the manufacturer guarantees their product."
Hmm...let's see...
Maybe it's because it's logistically impossible for them to monitor the product and/or service quality of every product or service they sell, which means it would be a pretty dumb business model to take responsibility for the problems those products and services cause. By passing the "blame" up the food chain, they protect themselves from being held responsible.
re: "They know that ultimately if a product is defective or causes harm, they, Lowe's is going to get sued."
You're right, I stand corrected. As someone else pointed out, this is America and you can sue anybody you want. Actually prevailing in the matter, well, that's a whole different story.
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On Thu, 8 Apr 2010 13:20:12 -0700 (PDT), DerbyDad03

Reminds me a fellow, once, that had a dispute with his water company. The company turned off his water! He was going to "bring them to their knees", and somehow made them humble :-/
Maybe he could have put soil in his toilets and grew vegetables?!
Guess who won...
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wrote:

Apples and pears.
Why does Lowe's have the manufacturer sign an agreement to guaranty their products. Lowe's knows that they are the first in line to get sued and want to be protected. So if they are sued, they in turn will sue the manufacturer. Let me ask you a question. You go into an Italian restaurant and order spaghetti and sauce. The cook opens a can of commercial sauce and puts it on the spaghetti. You get food poisoning because the sauce is bad. Who do you sue? The restaurant or the manufacturer of the sauce. The answer is you sue the restaurant and he in turn sues the maker of the sauce.
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Spaghetti and Manicotti
Lowes didn't "cook" the ice melting product. They didn't open the package or change it in anyway. They are in no way responsible for what happened to your concrete.
If you sue the restaurant, you might have a chance of winning because they played a major part in getting you sick, and maybe the restaurant has chance of winning their suit with the manufacturer, but that's not the same situation as simply buying an unaltered product from Lowes.
Look, we can argue the merits all day. Do us a favor: Sue 'em and let us know how it works out.
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wrote:

Spaghetti and Manicotti
Lowes didn't "cook" the ice melting product. They didn't open the package or change it in anyway. They are in no way responsible for what happened to your concrete.
If you sue the restaurant, you might have a chance of winning because they played a major part in getting you sick, and maybe the restaurant has chance of winning their suit with the manufacturer, but that's not the same situation as simply buying an unaltered product from Lowes.
Look, we can argue the merits all day. Do us a favor: Sue 'em and let us know how it works out.
==== With all due respect, that is a different scenario. The first suspect would be the restaurant and you'd have a hard time proving it was the mfg. In the OP there is no doubt what caused the problem; in the OP's mind at least.
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And in real life, they most likely would go after the restaurant AND the maker.
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wrote:

No, in real life, they go for the "deepest pockets". That being the client with the most money.
Steve
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On Thu, 8 Apr 2010 17:06:10 -0700, "Steve B"

No, in real life your lawyer will want to name as many potential defendants as possible. It makes it less likely that the whole case will be summarily thrown out, and gives more options for collecting damages. S.O.P.
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Exactly
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wrote:

See....That is true BUT. Your case against Lowes is sour grapes because you're pissed. Listen....you don't have a case against Lowes, and maybe not even the mfg. You're angry. That's not a good reason to go to court.
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wrote:

to make a wager I'll bet Lowe's comes through for me. Either they'll make the manufacturer pay or they'll pay and go after the vendor. People deal with a big store because they want to avoid problems. They expect that if they have a problem with a product, the store will make good and the store will argue with the vendor. Why would Lowe's have a section in their purchase agreement telling the vendor that they must guaranty their product and that if they don't, Lowe's legal department will enforce the contract?
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wrote:

Start talking lawsuit and see how far that gets you.
Good Luck,
You're going to need it.
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wrote:

my life negotiating and I think I'm pretty good at it.
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wrote:

I was looking at Lowe's site and didn't see anything. You might check wiki for "product liability". There is some interesting stuff there. I took a course in business law. (only 1 semester) I'm just going by the "reasonable man" rule. I could be off but I'm just calling it how I see it. My last question for you is: Are you sure it wasn't something else under your control? If you do actually get to the depo stage, you'll have to provide evidence prior to discovery, that it wasn't.
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Because they want manufacturer's to offer some reasonable guarantee of their product so that Lowes customers will have some recourse if the product doesn't live up to the guarantee. It's just good business practice. However, that does not mean that every manufacturer has to agree to every claim. It's not at all unusual for a manufacturer to look at a claim and say that the failure is not due to their product, but instead another factor. How many people do you think come back to Lowes and bitch because the paint they bought and put on the outside of their house is peeling? It could be the paint, but far more likely it could be the prep work, primer, conditions during application, etc.
What specifically did the manufacturer of the melting product say about your claim? What was the chemical in it? As I posed before, I did a quick google on what is the best ice melting product for concrete and found many references from sites with no apparent dog in the fight that said that the real factor at work is the concrete itself. If it's good concrete properly poured, it doesn't make any difference which particular melting product is used. The spawling you can get is due to the increased freeze thaw cycles that result when you use any of these melting products.
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I repeat for the umpteenth time: The manufacturer states it's safe use if:
a. the concrete is at least one year old. b. the concrete is sealed.
The concrete is 5 years old. I've used ice melt on this driveway every year without mishap. I personally sealed the driveway twice. I was here when the driveway was poured. Specs called for a 2500psi mix. The mix that was delivered bright and early in the morning (so as not to sit in the truck for hours) was over 3000 psi.
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wrote:

Maybe mute at this point but, can you prove it? Do you have documents to back it up?
Jim
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wrote:

As a matter of fact, I do. And if and when I go into court, which I doubt I have to do, I can show 40 years of construction supervision to prove I know what I'm talking about. As I said before, my family is in the construction business (skyscrapers, malls, hospitals, etc.) for many, many years. I'm retired quite awhile but I can pick up the phone, have one of our engineers fly down, take a core sample and have it analyzed to prove my point.
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wrote:

How could they prove the sealers were applied? Maybe having the receipts would help. Or the left over containers. Ehhh. Like you said, I doubt it will go to court. I just find this stuff interesting. Is that "purchase agreement" or "lowes product guarantee" available on line and do you have access to a scanner? I'd really be interested in reading.
Jim
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wrote:

merchant agreement. The reason I have that paragraph is that Lowe's insurance company sent it to me to show me that they are actively going after the vendor.
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