On Sat, 10 Apr 2010 07:18:11 -0700 (PDT), wrote:

On Apr 9, 12:50*pm, "JimT" wrote:
"Sanity" wrote in message

...







"JimT" wrote in message
tnet...

"Sanity" wrote in message
...

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

om...

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

For the third time here is the paragraph. *Lowe's will not give out an
actual copy of their merchant agreement.

""I direct your attention to the Master Standard Buying Agreement,
executed
between your company and Lowe's. Please refer to Article V, WARRANTIES AND
GUARANTEES, sec (5) which contains the following indemnification
agreement.
Pursuant to this agreement your company is responsible for this matter.
Your
company is responsible to Lowe's for the defense and indemnification of
any
and all claims, including expenses and legal fees resulting from this
matter. Lowe's will exercise all available legal remedies to enforce this
agreement Failure on your part to respond to this may result in additional
expenses, as well as legal action being taken against your company.
Lowe's therefore demands immediate acceptance of this claim in writing. If
you have any applicable liability insurance coverage for this matter, you
should immediately place your insurance carrier on notice."
"

Read it: I don't see how this makes Lowes liable. In fact, I think it's
Lowe's way of insuring they won't be liable. In-other-words. If Lowe's does
get sued Lowe's could use this as a contract between them and the supplier.
So Lowe's can in-turn sue the supplier for breech of contract.

It wouldn't strengthen your case against Lowes. It's for Lowes. But of
course.....it depends on "what the deffinition of "is" is". :-) ****in'
lawyers.- Hide quoted text -

- Show quoted text -

I've read it and it's a letter, that REFERS to the actual contract.
We don't have the actual contract, the context, what comes before it,
or after it. But from what is stated there, I agree with JimT.
Nothing there says that Lowes is liable. Companies routinely put all
kinds of disclaimers in their contracts to limit POTENTIAL liability
and direct it elsewhere, just in case someone decides to sue. All
this shows is that Lowes expects the company to honor their warranty.
It doesn't say that if they don't, Lowes will.

I agree with both of you.

I've read that big box stores, and other stores too, are very good at
making their suppliers take back defective products and even good
products in boxes that have been opened, so they can reimburs the
customer, which most stores are very good at. I don't know how that
applies to forcing the supplier to pay for repairs to the driveway
though.

To a large extent, this depends on how much the supplier wants to
continue the contract. The story about the fan that could have been
made by three different suppliers, all using the same name on stuff
they made for Lowes, shows how easily lowes can change suppliers, even
on stuff that has a house brand. EVen more easily can they start
buying something that melts ice from someone other than Ice Melt.

Business has always worked this way to some degree or another. The
bigger company can push the smaller ones around often, but if the
smaller company has something no one else has, they can find another
chain to market it. Local chains don't push the computer makers
around afaik.