Concrete workers use a product that they call 'milk'. I don't remember the trade name. You paint in onto the concrete to be repaired and let it dry. You can then put a top coat of concrete 1/16 to 3/8 of an inch on top of the adhesive and it will bond. I have done this many times before and it works. Ask any concrete worker.
On the other hand, everyone should know that the typical person on the floor of the big box stores is hardly an authority on anything. They can point you to the aisle for a product, but I think expecting them to be a technical expert on the effects of a particular product on concrete is pushing it. And you can't prove what the guy actually said, can you? But even going by what you say he told you, I don't see it as helping you much, if at all:
"I asked the associate what the difference was from what they used to carry. He told me it's the same with sand added to give better traction. I read the label very carefully. It said "Do not use on concrete that is less than 1 year old or not cured. Concrete should be sealed".
So, you read the label and it indicated it was OK for your application and it must have been consistent with what the floor guy told you or you would not have used it. Did it have the same melting ingredient that you bought previously or not? The whole idea of "what they used to carry" is very vague. It's not unusual to find stores like this carrying various brands at various times. Both you and the floor guy could be right. It could be the same melting ingredient as stuff he saw sold at times in the past and different from what you happened to buy. Proving any of that is very problematic.
It would seem to me that you are on much firmer ground going after the manufacturer of the product.
re: "Did you bother to read the paragraph I posted?"
Now, what kind of a member of a.h.r would I be if I didn't what you posted before responding?
In fact, I took what you posted to a Holiday Inn and read it there. That now makes me an expert on the issue at hand.
It clearly states that the *manufacturer* is responsible.
"Pursuant to this agreement your company is responsible for this matter."
It also states that the company is responsible to Lowes, not you.
Holiday Inn Bottom Line - *you* can't sue Lowes for anything. Lowes can sue the manufacturer (should they choose to) but you don't have any claim against *Lowes*.
I guess my 1st question would be what do you want? Second: are you going to subpoena the associate? Because you can't use hearsay. You'll have to prove that your cement wasn't at fault. It was a colder than avg. winter and it may have had something to do with it. I doubt you'll be able to assess any damage to Lowe's without a deposition or court appearance from the associate. The product's instructions and disclaimer is what you'd be more likely to use in court. Be prepared to furnish proof your cement isn't to blame; partially or completely. Actually, what Lowe's told you is correct. The associate probably wouldn't be able to assess any liability to Lowes because he would only be expected to tell you what is stated on the product. See? It always goes back to the product. Personally, I'd take Lowes out of the loop. Your proof is the product's instructions and any disclaimer. Maybe you'll get lucky and the co. lawyers will make you an offer. If you go to court....I donno.....do your homework. They will throw it back on you.
On Thu, 8 Apr 2010 13:32:05 -0400, "Sanity" wrote Re Re: Lowe's blows:
Seems to me that you have a good case.
He can sue anyone he wants. This is America! :-)
He has a VERY flimsy case against Lowes but it won't stand up. IMHO
Jim
You keep pushing the point. When I went to the store to complain, I pointed the associate out to the manager. The associate told the manager exactly what he said which coincided with what I said. No matter what you think of the store's associates, they mostly know the store policies and usually know about the products in their aisles.
If Lowe's is not responsible to the end buyer why would they care if the manufacturer guarantees their product. The reason? They know that ultimately if a product is defective or causes harm, they, Lowe's is going to get sued.
quoted text -
You must have very different guys working in the Lowes in your area than here. In my experience, at any of the big box stores, it's more common to find them anywhere from clueless to somewhat helpful. Sometimes you find a really good guy, but it's more the exception.
I guess I'm still waiting to hear what it is that the sales associate or Lowes did that was wrong. All you say he told you was that the product in question was the same as "what they used to sell", except that it has sand added. What exactly did the product contain? What did the "product they used to sell", which could itself be multiple things, contain? Can you show that the particular compound is not suited to the application?
You can sue anyone you want. But it seems most people here don't think Lowes is at fault.
ly
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.
The key words are 'do not use on concrete' stop right there and put it back. Have fun proving your claim.
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...
Suit yourself. I'm just telling you where you'd have the most chance of getting any restitution. You have a very weak case, but it's possible that the manufacturer would offer you something just to get rid of you, but Lowe's is unlikely to settle.
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.
When I see that subject line. I think of Mr. Rogers Neighborhood and him singing "Everything grows together, because it's all one piece."
In the Lowe's blows, everything blows together, because it's all one department store.
LOL...Homer Simpson
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.
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.
And in real life, they most likely would go after the restaurant AND the maker.
The answer is look closely at the text of the demand letter you posted. Under contracts. Lowe's has indemnified themselves from liability. Under that contract the have advised the manufacturer to contact their insurance carrier, for liability insurance claims.
If my Toyota, had an unintended accelerations: should I sue Toyota or the local dealer?
For a restaurant... only eat in health department inspected businesses .. lesson learned :-]
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