Lowe's blows

[Sanity]

Thank you for the most intelligent reply I have received to date. I was trying to convey your message but not as eloquently as you did.

[JimT]

agreed and I look forward to your results

[Frank from Deeeetroit]

Johnathon's post was well said and will be used by Lowe's on their side of the argument. On your side of the argument, you will have to prove the concrete is of suffecient quality in the first place and was poured correctly and floated correctly, in the correct weather conditions, should this case go in front of a judge. Considering your back-ground, these are the main causes of concrete flaking.

My guess, Lowe's will offer you some money or products to end the case.

Keep us posted, should be interesting, and good luck.

[JimT]

Johnathon's post was well said and will be used by Lowe's on their side of the argument. On your side of the argument, you will have to prove the concrete is of suffecient quality in the first place and was poured correctly and floated correctly, in the correct weather conditions, should this case go in front of a judge. Considering your back-ground, these are the main causes of concrete flaking.

My guess, Lowe's will offer you some money or products to end the case.

Keep us posted, should be interesting, and good luck.

----------------------------

From:

"The warranty of fitness for a particular purpose is implied when a buyer relies upon the seller to select the goods to fit a specific request. For example, this warranty is violated when a buyer asks a mechanic to provide snow tires and receives tires that are unsafe to use in snow. This implied warranty can also be expressly "disclaimed by name", thereby shifting the risk of unfitness back to the buyer."

Anyone want to tackle "expressly disclamed by name"? Jonathan? :-)

Jim

[George]

Well said, big box (or anyone else) can make any declaration they want to scare away the uninformed but that doesn't mean it is correct.

Lowes likely showed their contract with their supplier to the OP because they thought it would make them go away.

[Jonathan Kamens]

Nothing we have been told in this thread suggests that Lowe's disclaimed the warranty of fitness for purpose when selling the product to the OP.

On the contrary, the OP specifically asked a Lowe's associate if the product would perform similarly to similar products sold by Lowe's in prior years, and the associate told him that it would. That statement by the associate to the OP prior to purpose established a warranty of fitness for purpose.

If you have some reason to believe, based on the information we have been provided, that Lowe's disclaimed said warranty, then please fully explain your reasoning.

If you don't, then please stop being one of the people posting in this thread who is acting like he has a clue but actually doesn't. Thanks.

[JimT]

Wow...chill dude. I was just curious. You know you can ignore posts.

Sheeeze!

BTW: I'll post when, what and wherever I want.

[JimT]

In other words. If YOU examined the product the implied waranty no longer exists.

see § 25-2-316 3. (b)

From:

§ 25-2-315. Implied warranty: Fitness for particular purpose. Where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer is relying on the seller's skill or judgment to select or furnish suitable goods, there is unless excluded or modified under the next section [G.S.

25-2-316] an implied warranty that the goods shall be fit for such purpose. (1965, c. 700, s. 1.) § 25-2-316. Exclusion or modification of warranties. (1) Words or conduct relevant to the creation of an express warranty and words or conduct tending to negate or limit warranty shall be construed wherever reasonable as consistent with each other; but subject to the provisions of this article on parol or extrinsic evidence (G.S. 25-2-202) negation or limitation is inoperative to the extent that such construction is unreasonable. (2) Subject to subsection (3), to exclude or modify the implied warranty of merchantability or any part of it the language must mention merchantability and in case of a writing must be conspicuous, and to exclude or modify any implied warranty of fitness the exclusion must be by a writing and conspicuous. Language to exclude all implied warranties of fitness is sufficient if it states, for example, that "There are no warranties which extend beyond the description on the face hereof." (3) Notwithstanding subsection (2) (a) unless the circumstances indicate otherwise, all implied warranties are excluded by expressions like "as is," "with all faults" or other language which in common understanding calls the buyer's attention to the exclusion of warranties and makes plain that there is no implied warranty; and (b) when the buyer before entering into the contract has examined the goods or the sample or model as fully as he desired or has refused to examine the goods there is no implied warranty with regard to defects which an examination ought in the circumstances to have revealed to him; and (c) an implied warranty can also be excluded or modified by course of dealing or course of performance or usage of trade. (4) Remedies for breach of warranty can be limited in accordance with the provisions of this article on liquidation or limitation of damages and on contractual modification of remedy (G.S. 25-2-718 and 25-2-719). (1965, c. 700, s. 1.)

[Caesar Romano]

On Fri, 9 Apr 2010 11:18:36 -0700 (PDT), Frank from Deeeetroit wrote Re Re: Lowe's blows:

+1 on that.

[Frank from Deeeetroit]

You are assuming the associate, in fact said that, and if the OP can prove said associate said that.

[JimT]

You are assuming the associate, in fact said that, and if the OP can prove said associate said that.

I don't think that even matters. They both had basically the same info.

Apparently, the NCGA protects businesses from frivolous law suits. As it should be. If Lowes pays off, it will be just to shut him up. Anything under

30k isn't worth going to court over. It's crap like this that drives prices up.

Thanks

[Sanity]

And how much would it cost to shut you up? You're making a Federal case over this. I don't know who you're trying to impress, yourself or the other idiots.

[JimT]

That's a hoot. He posts here looking for advice and degrades anyone who finds the info that he doesn't agree with. WTF?

LOL "He's damn mad and he's not going to take it anymore!"

It's always someone else's fault.

Priceless :-)

[Sanity]

you're an idiot. You've asked me so many questions that were in the original message. I had to repeat myself 3 or 4 times for you. After reading some of your replies I got the idea that all you were interested in was trying to impress people here and yourself how intelligent you think you are. I even asked you to let the thread go and when I get a decision from Lowe's I'll post it. But you kept on asking the same questions including asking me to get a copy of the merchant contract from Lowe's and scanning it for you. If you read about 5 of my posts you would have known that Lowe's will not give out a copy of their contracts except to vendors but you were so interested in sounding important you either never read my replies or understood them. A lawyer posted to you giving you the exact law that pertains to this circumstance and you argued with him. Either you're a genius or an ass and I think it's the latter. Good day sir.

[JimT]

I've met a lot of people in ngs. Some people know how to use them and others don't. I consistently get great advice. And even when I don't, sometimes this is a good place to think things through.

Don't let it get under your skin. Yes, there is an abundance of really bad advice. But it's usually pretty obvious. Above all: Telling people what to do in ngs is usually a waste of time because you don't own them and you don't even own this thread. I've started many a threads that I left behind because it got off the track or I just didn't find it interesting.

See, even though you've been a bit grouchy, I don't mind. It's all fair here. If I don't like it I can leave. And so can you.

:-)

[Sanity]

You don't think I should get grouchy after you repeatedly asked me the same questions over and over again and offered no practical advice? You must use an air compressor to inflate your ego.

[JimT]

Yeah that annoys me too. I jumped in late. Sorry. Still a fascinating thread.

I enjoyed it regardless.

[Sanity]

Glad you enjoyed it.

[Steve B]

Why don't you two get a room?

[Sanity]

Ad why don't you mind your own business?