Lowe's has indemnified themselves but that usually means if someone sues them and wins, then they have the contractural right to get reimbursed by the maker. That agreement is with the Mfr. and has no impact on whether someone could sue Lowes and win.
Aggressive lawyer would sue both PLUS whoever made the part(s) involved.
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 good.
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 picketing.
I got my money back.
Steve
No, in real life, they go for the "deepest pockets". That being the client with the most money.
Steve
That varies from state to state.
The OP said he's living in NC. According to , lawyers are allowed in NC.
And an inspection by a health department doesn't mean you won't get food poisoning from the guy who just touched the doorknob before you. Do you ever use the public john at a restaurant?
Steve
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.
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 exact outcome.
Exactly
Bingo....Sounds like you've been there.
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.
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.
It's fantastic that you can tell I'm pissed and angry. If you were willing 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?
Start talking lawsuit and see how far that gets you.
Good Luck,
You're going to need it.
I've already intimated that without saying that I'll go that route. I spent my life negotiating and I think I'm pretty good at it.
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.
That was not my experience. Neither would step up.
Steve
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.
Bill
An agreement to which you're not a party.
I'll bet some lawyers will argue that sellers can be held responsible for products they sell when they don't explicitly say otherwise. Also the fact that a Lowe's employee said the new product was the same as the old, except for the addition of sand, may be the key to getting Lowe's to accept responsibility.
When I lived within walking distance of a Lowe's and a Home Depot, I did 90% of my shopping at HD because Lowe's employed a much worse class of morons. Example: one summer, it took three Lowe's employees to find where the air conditioners were located. OTOH when I asked a HD employee in the garden equipment dept. for a funny electrical switch, he told me not only which aisle at the opposite end of the store had it but also how high off the floor it would be.
I've dealt with Lowe's for years and have always been satisfied and I hope I remain the same.
HomeOwnersHub website 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.