Of course conceivably that could take you out of the status of a
retail consumer to someone who know the usage of trade, which is
referred to in some way in exception 3c "(c) an implied warranty
can also be excluded or modified by course of dealing or course of
performance or usage of trade."
I'm not sure 3c applies at all however to this case.
Have someone check the ingredients of the Ice Melt too.
It would help to konw what is different about this sfuff from the
stuff you used before.
And btw, was there sand in it? Did the label say there was sand in
?I personally sealed the driveway twice. I was here when the
I woudn't count on that. I used to got Marketfest Pro weekend
computer shows and at one I bought the parts neede to make a computer.
The floppy drives didnt' work and the vendor at the show wouldn't make
good. I called Market Pro and they said, Well they only have to live
up to to their advertising. I said they didnt'. Reluctantly they
called the vendor and I'm sure he said he didnt' do anything wrong,
and they called me back and they were done with me.
Now Lowes *ought* to be a lot more responsble than that. You're
right, stores grow by good customer service, and while The customer is
always right is not practical in some businesses, or anywhere**, your
case is somewhere not at the extremes.
**Some people seem to think it is the law!
On 4/8/2010 8:36 PM, firstname.lastname@example.org wrote:
That is standard practice. They are more than willing to spend the
relatively small cost to have their staff investigate who else can be
named and determine what assets they have. Even if they only pick up an
extra 20, 50 or 100k on that part of the action it is money well spent.
In real life they go after everyone who has assets because they think
their job is to transfer as much wealth as they can to themselves. It
only costs them whatever they pay their staff to do the research as to
who has assets and how they can get them, the filing fee and a little
extra court time. They have already done all of the other work.
So what's new? I had an issue with a Husky power washer that died after
three uses. Store says it's factory's fault. Factory says warranty no
I made a sign that said, "HD SELLS HUSKY JUNK". I sent a registered letter
to the store with a picture of the sign. I said that I intended to picket
the store, and notified them of the time and date. I also told them that I
had notified the local TV station that has the consumer reports news report.
I told them in the letter that if their attitude or that of the supplier
changed, to contact me, and I would accept a full refund and cancel my
I got my money back.
HD or Lowe's will take back any defective product. They just return it to
the manufacturer and get reimbursed. The manufacturers will take back their
merchandise in order to remain vendors with the big box stores.
Just a little note. I just received an email from their claims department.
They asked for two days and then they'll make me an offer. So evidently I
was right and some of you sideline lawyers are wrong. Lowe's protects itself
by making all it's vendors offer a guaranty or warranty in their purchase
agreement. If the vendor refuses to honor that warranty Lowe's will in most
cases and subrogate against the vendor. I'll post in a few days with the
From whose claim department? I'm assuming Lowes.
BTW I had a much different experience with Lowes. I bought a ceiling fan
from them 8 years ago and it died recently (it had a remote and neither
the light nor fan worked and it was not the remote that was the
problem). It was a Harbor Breeze, which is their house brand. The box
said "limited lifetime warranty" but I couldn't find anything in the box
which explained what that covered (I probably threw it out). I called
the phone number on the box and after being told to call another number
and then being told to call another number (they have multiple companies
making Harbor Breeze fans and they probably were not the same as they
were 8 years ago), and eventually having someone take a message and not
get back to me, I emailed Lowes at the wecare address you gave in your
original post. I got email back from them asking which of their stores I
would like them to have contact me. I picked a store and got a call from
the lighting manager the next day and I brought him the fan and he said
he would make some calls. After a few days he called and said he could
not figure out who to talk to but that the store would honor the
warranty and I should come in and pick out a new fan. Needless to say I
am now a big Lowes fan. Oh, and the new fan also says "limited lifetime
warranty" on the box. Hopefully I won't have to use it.
re: "So evidently I was right..."
When were you right? When you said "Lowes Blows" or when you said that
Lowes was responsible for the damage to your driveway?
1 - If they make you an an offer that satisfies you, then you were
wrong in saying that they Blow.
2 - If they make you an an offer that satisfies you, then you may
still be wrong in claiming that they have hold any fault in the issue.
A "settlement" isn't an admission of fault, it could just be a good-
will thing to do. See # 1.
When they first disclaimed responsibility, especially after showing me their
contract with the supplier I was pissed. But after much discussion Lowe's
saw my point of view. Whether they assume the 'fault' or subrogate against
the vendor is not my business. Whether they are doing this to satisfy a
customer is my business. I've done enough business with them that I deserve
to be satisfied. And why was I right? They would not have that clause in
their merchant contracts if they were not responsible, either legally or
morally to their customers.
The offer is being made for you to go away so they can end the issue.
Your cement work must have a certain degree of defectiveness. I am in
southeastern Michigan with climates much harsher than the Carolinas.
Localities use salt to clear the roads of snow in the Winter. 56
years of salt and my parents driveway and side walks look like new as
well as the rest of the cement work around here.
If your case does end up in court, Lowe's will have a corporate person
argue their side of the case. No lawyers are permitted in Small
Claims Court in Michigan, perhaps the same is true in your area, but
the person arguing Lowe's case could very well be a corporate
attorney. Small Claims are filed against retail stores all the time,
please do not feel that you case is the first one filed against
Lowe's. Your case is frivolous.
And I've lived in the North for 60 years before moving here so:
1. I've used ice melt before without problem
2. My whole family is in the building business so we know about concrete.
(the vendors packaging said the concrete has to be one year old and sealed,
which it was).
3. The concrete used in my driveway met all specs. It cured for 5 years.
It's been sealed properly twice.
so I think I know a little about concrete. And the case is not frivolous.
And lawyers for a Corporation are permitted in most small claims court.
And if Lowe's felt no responsibility for products they sell, they would have
that 'hold harmless' clause in their vendor contracts and would not threaten
the vendor with a legal suit for not upholding their end.
Regardless, as long as Lowe's takes care of the problem I don't care if it's
just to 'make me go away' or if it's their corporate responsibility that
makes them do it.
HomeOwnersHub.com is a website for homeowners and building and maintenance pros. It is not affiliated with any of the manufacturers or service providers discussed here.
All logos and trade names are the property of their respective owners.