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From: mm on 11 Apr 2010 05:46 On Fri, 9 Apr 2010 19:12:17 +0000 (UTC), jik(a)kamens.brookline.ma.us (Jonathan Kamens) wrote: >"JimT" <jthread(a)toast.net> writes: >>Anyone want to tackle "expressly disclamed by name"? Jonathan? :-) > >Nothing we have been told in this thread suggests that Lowe's >disclaimed the warranty of fitness for purpose when selling >the product to the OP. > >On the contrary, the OP specifically asked a Lowe's associate >if the product would perform similarly to similar products >sold by Lowe's in prior years, and the associate told him that >it would. That statement by the associate to the OP prior to >purpose established a warranty of fitness for purpose. > >If you have some reason to believe, based on the information >we have been provided, that Lowe's disclaimed said warranty, >then please fully explain your reasoning. They definitely do that on the web, but I woudl guess in person purchasers aren't bound by what it says on the web. Still, it would be a little strange that they do this on the web and then make no effort to do it in the stores. Maybe that's because that's the way stores have always been run, and they thought they could be stricter on the web. There is no one to consult with when buying on the web. even if people think the store clerks are no better than no one, myabe lowes thinks they make a difference. Although lots of people buy things without talking to anyone. |