On Thu, 8 Apr 2010 09:20:27 -0400, "Sanity" wrote:

I have been a homeowner, mostly up North for the past 50 some odd years. My
family is in the construction business so I know a little about building and
maintenance.
I have used Ice Melt on my driveways and steps for many, many years without
a problem. I know not to use rock salt as that would deteriorate the
concrete.
I live in North Carolina now. For the past five years I've purchased Ice
Melt from Lowe's and have not had one problem. This year they had a product
called "Ice Melt and Traction". 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". Well, my concrete is 5 years old, cured and not only is it
sealed, I sealed it with product recommended by Lowe's.
As you can guess, the concrete flaked. I went to the manager at Lowe's and
he instituted a claim. The manufacturer denies any responsibility. Lowe's
sent them a 'demand' letter stating that according to their agreement the
manufacturer must assume liability.

That's between Lowes and the manufacturer. It has little or nothing
to do with you. You have a relationship with Lowes. It's called
privity. Whether you have such a relationship with the man. I'm not
sure, but I know you have it with Lowes. And btw, Lowes does
business in your state and is thus easy to sue.

If Lowes has an agreement with the man. that they must assume
liability, like he says, when lowes pays you or loses to you,
depending on what situations the agreement covers, the man must
reimburse them. Maybe this guy went to a meeting or read a memo, but
he doesn't understand law.

I didn't hear for awhile so I called
Lowe's back. In a nasty tone I was told by their office that Lowe's does not
warranty any products they sell and is not responsible.

In fact they warranty every product they sell, whether he admits it or
not. Stated warrantees are iirc limitations on the common law
warranty. Everything is warranted to be suitable for the normal use
for which it is intended. Something like that.

Either he has no knowledge of the law or he is trying to bamboozle
you. The other side, and the other side's lawyers will often,
probably usually try to convince complainers that they have no case.

Don't take legal advice from the other side.

If you don't complain higher up, and don't sue them, I hope you got
his name so you can call him back and explain how ignorant he is on
these two points.

P&M because it's been 3 days in a busy group.

All they'll do is
refund the money I paid for the bag of ice melt. I asked if this was their
policy on everything they sell and they said 'yes'. I will be taking them
and the manufacturer to court. Whether I win or not is not important at this
point. I just want everyone to know that when Lowe's tells you to email
, they really don't.