"Sanity" wrote in message
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"DerbyDad03" wrote in message
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On Apr 8, 5:49 pm, "Sanity" wrote:
"Oren" wrote in message

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On Thu, 8 Apr 2010 13:20:12 -0700 (PDT), DerbyDad03
wrote:

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.

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...

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.

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.

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.

Cool! Please let us know. :-)

Post a copy of the actual letter so we can read and make our own
determination. I'd like to see that "purchase agreement" too.

Thanks