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144 NORTH ST - BUILDING INSPECTION The Commonwealth of Massachusetts Board of Building Regulations and Standards Town of l Massachusetts State Building Code, 780 CMR, 7'"edition \Y, I Building Dept Building Permit Application TolConstruct, Repair, Renovate Or Demolish a One- r teo-Family D velling dLUML his ection For icial Use Only ICI Building Permit Number: ate Applied: 6 Signature: /Building Commissrone nspec rof u d s Date JSY4TION 1:SITE INFORMATION 1.1 P pIV o r71.e5: 1.2 Assessors Map& Parcel Numbers 1.1 a Is this an accepted street?yes no Map Number Parcel Number 1.3 Zoning Information: 1.4 Property Dimensions: Zoning District Proposed Use Lot Area(sq R) Frontage(Q) 1.5 Building Setbacks(ft) Front Yard Side Yards Rear Yard Required Provided Required Provided Required Provided 1.6 Water Supply:(M.G.L c.40,§54) 1.7 Flood Zone Information: 1.8 Sewage Disposal System: Public❑ Private❑ Zone: _ Outside Flood Zone? Municipal❑ On site disposal system ❑ Check if yes❑ SECTION 2: PROPERTY OWNERSHIP' 2.1 Owner'of Record: y"..t�� e-q pr1 Sao v.os 144 A3 W I r ST Name(Pri ) Address for Service: �?-Sr/- 6 -3 9l g 5 Signature Telephone SECTION 3:DESCRIPTION OF PROPOSED WORK'(check all that apply) New Construction❑ Existing Building❑ 1 Owner-Occupied ❑ Repairs(s) ❑ 1 Alteration(s) ❑ Addition ❑ Demolition ❑ Accessory Bldg. ❑ Number of Units I'Other ❑ Specify: Brief Description of Proposed Work': 2 1 PR >n u..cp_Ati,e—� s.r",ao SECTION 4: ESTIMATED CONSTRUCTION COSTS Item Estimated Costs: Official Use Only Labor and Materials) 1. Building $ 8 8 S I 1. Building Permit Fee: $ Indicate how fee is determined: ❑Standard City/Town Application Fee 2. Electrical $ ❑ r Total Project Cost (Item 6)x multiplier x 3. Plumbing $ 2. Other Fees: $ 4. Mechanical (HVAC) $ List: �I 5. Mechanical (Fire $ Su ression Total All Fees:$ Check No. Check Amount: Cash Amount: 6. Total Project Cost: $ S 45 g_q ❑ Paid in Full ❑Outstanding Balance Due: r © w e S � �� - 265- `t198 ee-0 SECTION 5: CONSTRUCTION SERVICES \ 5.1 Licensed Construction Supervisor(CSL) 6 (3 19 l)"t--e p-h e— License Number Expiration Date Name of CSL- Helder List CSL Type(see below) Type Description Ad U Unrestricted(up to 35,000 Cu. Ft.) '�— R Restricted 1&2 Family Dwelling ignature M Masonry Only 3-7-IS RC Residential Roofing Covering Telephone WS Residential Window and Siding SF Residential Solid Fuel Burning Appliance Installation D Residential Demolition 5.2 egrstered Home Ira rove ent Contractor(HIC) 102 9 S� �.� HIC Co-Ranyy�N ame oQr�HIC Registrant Names_I ,rr�' —1I ,�,t Registration Number Ad Expiration Date ignature Telephone SECTION 6: WORKERS'COMPENSATION INSURANCE AFFIDAVIT(M.G.L.c. 152.¢ 25C(6)) Workers Compensation Insurance affidavit must be completed and submitted with this application. Failure to provide this affidavit will result in the denial of the Issuance of the building permit. Signed Affidavit Attached? Yes .......... ❑ No........... ❑ SECTION 7a:OWNER AUTHORIZATION TO BE COMPLETED WHEN OWNER'S AGENT OR CONTRACTOR APPLIES FOR BUILDING PERMIT 1, as Owner of the subject property hereby authorize to act on my behalf,in all matters relative to work authorized by this building permit application. Signature of Owner Date I' SECTION 7b: OWNER' OR AUTHORIZED AGENT DECLARATION I, C e w ee-Y'S , 17-4 G ,as Owner or Authorized Agent hereby declare that the statements and information on the foregoing application are true and accurate,to the best of my knowledge and behalf. / . WOLL LLl�- Print Na /! Signature o Owner or Authorized Agent Date (Signed under the pains and penalties ofperjury) NOTES: 1. An Owner who obtains a building permit to do his/her own work,or an owner who hires an unregistered contractor (not registered in the Home Improvement Contractor(HIC)Program),will not have access to the arbitration program or guaranty fund under M.G.L.c. 142A. Other important information on the HIC Program and Construction Supervisor Licensing(CSL)can be found in 780 CMR Regulations 110.R6 and I IO.R5,respectively. 2. When substantial work is planned,provide the information below: Total Floors area(Sq. Ft.) (including garage,finished basement/attics,decks or porch) Gross living area(Sq. Ft.) Habitable room count Number of fireplaces Number of bedrooms Number of bathrooms Number of half/baths Type of heating system Number of decks/porches Type of cooling system Enclosed Open 3. "Total Project Square Footage"may be substituted for"Total Project Cost" >Y 5 YN 5 SSP 4f+C��' FS t � 4 w 3�iT 4f� b59a P sa � " e . e v ¢ Y r @ - 1 s 4r J 'c Z9<K vfJ! 'Y.v 1 4„F tli�uw Lxxc > A '. Board of Building R, ulahous and St nr �� g g HOME IMPROVEMENT CONTRACTOR x -kyP s�aeex'r �,h �,`�u3( crH] aesWfi tY �� p .il'ks Registration 102957 Expiration 7131201b Tr# 271114 Type Private Corporafion GREENE INSTAL,LATION CO INC. Ronald .Greene yJ v"4 Y tl G -0 f eow Street Eveve rett,MA 02749 Ada in eg pm.y.�{ .. �r¢a n z ✓� A �tl Ali ' a'ac�u'aeCA Boar o u mg egu ati y and JtandaFds" Constructioq$tipervisor License License: CS 61719 Bvthdate 10/27/1944 .. _ Explratlo `'10/27/2009. TI# 4892 ->Restncmon- 1G RONALD A GREENE ' - \ 10 V21TA DRIVE--' z e MEDFORD,MA Commissioner. Ir F2� M4 1 U` t�nL Pq"A5 .c 4 F4 h t V ? Yi : I /t I 3 * y r' . •;08/21%2009 05 99'FAb. 617J891Y89 'GREENE INSTALLATION CO LOWES DINST IQ001 08/20/E009_15:a4 F -8175891298 G SNE INSTALLATION CO » LOW89 D INST tA001"'m yea »r. meld E-lr1L6iTA(i6 INBURATiC6 OC8 TM -MMU oUC EDlFS -TM'IMMATEONLYAND CONPERB NO RQHTa UPON THE CERTIFICA N.swB101 M 14410ftl Af WWm AVOW HOLCIW THIS MTMVATE pOE8 NUT E @ FII�CADom 1t0 Pimanas st ALTER THE COVERAGE AFFORDED 9Y THE POumm 9E60NH �lldeK'Mi102t18 " COAAPANISoA"OROIw Uouluum 77 CoWPANYA 6RANCIlBTATLINOJRANCECOMPANY xNW '%Ww cc lm - s16S,9mr9hlat - - - EVOAMLI1M02140.ODOp' 7K3q*bbEF67FPTNIIT 70TM44MAWNUMAMAMFM: TMIGP01101 "NMI= i4M1TO7 lN3TYM►}67 PANVI JNI YEM TEtiIION=C aorANYammoICRCPNER . �+A�+EGrTOriRIIOMTfNCBRrI I w►n�rwueaoa�rr�rsrAv�n�I�uw,rceA�oRoeaTr� aouaes oaw ��ssuar io nl LTTems aaxuapwgNo oPiRots iurastsokvN ;' NRYlNVR6EENRF.DtB�A NPAIACtAIE�. en®n ' 717d8B8. by 1b as m ownra+arwro v QERIIFIONT'PSFIOL�BR0ANOMLAMON..._. - LOYII�iCONPANYINC aouie/wrar7neauea�ao�wacseeao�m®srn6 4TTIkIW1NSURMICE nw�P"YOPW.79 MINOOWWO"&aOWN%VOVAL e F[+eOX 1111- wnv+ecrtenimreemw+ea�r�e��waaurstion��vreur NOmvwwsOR0.Nezom WAUM70P4MM07MMILL WWW=60 M4049MFMOF nnr�maambnnsamurnm+�aw�sa�emwe®re�eies._ t AEAATNI , 160011MUl £Z00 088 916 £Z?91 OZ-80-6002' . .... �rw.�..,+f 40ol . JVUl. 771e Commonweuhh ofManw1i setts: Depar6wit oflddswfid Acleidenirs pyre of lnvestigadons A 690 Washington Skmd Boston,MA 02111 � '>, wwwsmasa.gov/dea 4 Or ers'Compensation InsuraneeiAmdavit:iBudders/Contraeto loctrreYans/Pl'umtiers ' liiecaot Information ease Eri»f L b T Ptame 054aln�Yly7C)rgunimaUatlndlvidutU). - f ... _ r . City/State/Zip iU Phone#: Are wil an employer$ekeek the appropriate box1. Type of project(required) lam a employer with 4. 0 I am a genera!contractor and , i employees(full andlar + lure hirrxl'thcgi&contractors 0 New,construction part timej.. . 2_{ 1 am a sole proprietor or part ini- . listed on theattakhed sheet p. ❑kemvdelir ' -'hip and lave rw c[npla yees These sub' nuactors bave $. (]Demoliven working fbi me in any cairacity. employees and have wotkgg4s [No wott[crs'comp.itlsurutce comp insurance 9! ❑D{3ildtllgdili9n required,i 5. n We a rc a cotpotatwn xnd ical rem or additions RJ Uff1CeC5 have cxercLRed their, 3.❑,1 am a iiameowner doing all work I LED Plumbing repairs or additlons myself.(No workers' comp, rigor of exemption per MGL inaurattce required.]t c. 152,§1(41 and we have no 12r❑Itppf repairs employees.{No workom, 13-❑Other comp;,iosurmuce tequit,41. a/t0.y WlD46aL ftt dweb box#i mast also fill'not ttie saeGlmbelaw elver,laa..t6eirwodana'mngwnxvtum polity '�tme[tour , r t Hatltcowluty who'raJiniit this amdarit tttdieuina they erc doing all.work mu1 Dien hirt outside elinrtaetnmm muse sabn+il a ilaia alYWavlt;ssicanng such. muwatke Ihat cloak ells Yox emu[ate aaadebtional sfitetsligwing a!e ao1110 ot'tllc atbzmarwlo�wWA1ab w1iCalerar,oatltWeC pltiticv bare ` cmplriyeesAfthe Sub-Wlarsc sbanmgtWycm,.lfiny mmL lmh'ide Wii wo[Gers' lie nualM.i. , + _ CO P4 Y.. . I ant an err toper that F4prnvidirrq'wnrttltrs'comp ffm" brsafence for n eanptnye &iAT t i fie ike grad b site' lafarmatiaa. Pomp .: to t Insurantx Corn Nam: r_ P,otiey N:or,4olf lns.l ic.#: • � li) 3 p.�[piration Date: lob-Site Addrtss: Gity/state/Zip:_ Attache copy of the workers'tempt�afton policy declaration page(showing',the poltey OnmtWt and'expiraYion Babe) Failure to secure coverage as required under Section 25A of MGL o. 152 rim lead to-the iinposttion.af taimi[tal penalties of a line up to$I,SOO.OI)andlor ottyear imprisonmesa,as well as civil,plaialties in the tomi of a STOP WOIt K•nRDER arnd a[tnc , , of up to 8250.00 a day against the violator."Be MAW t at.a capy,of this slstemLtitt inaY 1!e forwarded to the Office of tnvm�E9tratiwts of the't'llA for,lns[arance cnve[a[zN`verif'ication. _ _ (da Irer¢6y aerNfy artr tke patYis penahies of peidsry that itre U jnrinae6pa provide above dv trxe start cnrrec4 Sienature �.�G�.I�ij Date: Willi( 0nn'. birtaf Wft 1R(�115 areN,'Io lxlmp by CIYy orkllNlt O�fM1A1 City or Town Permit/Lkesse# Issuing Authority(drele wm): 1.Board of Health 2. Bmwing Department 3 City(Town Clark 4.Eleectncal laepertar 5, Plumbimg lmlpeckor, "' G`Other Contact Person: _ _ Phone N:_ LA d 160L11193SUI £Z00 088 8L6 S'L 7L 96-2L7.8002 STORE COPY 'i INSTALLATION SERVICES CUSTOMER CONTRACT- MWO)RK-WINDOWS in ,le LOWE'S OF DANVERS,MA:, STORE#109 STOREPHONE:(978) 646-9099 153 ANDOVER STREET SALESPERSON:DENNIS GLENNON z r_ x DANVERS, MA 01923 SALESPERSON ID:-1227928 Document Print Date:09/21/2009 GiSI tLtlT3.< I,Di .., 2724215 Kilt $s1+7u ;a This is only a Quote for the merchandise and services printed below. This becomes an agreement upon payment and an endorsement by a Lowe's register validation.Upon such payment and endorsement, the entire agreement,including ouhi CLu,r 1i:`SfCiG'ki the specifically completed pages of this document,the Terms and Conditions included,with this docunientand any.other addenda or attachments hereto,shall be referred to herein as this"Contract.' PLEASE READ THIS ENTIRE DOCUMENT INCLUDING THE "TERMS AND CONDITIONS." BEFO-RE SIGNING. Lowe's Registration or Contractor License Number/Lowe's Contractor Name Lowe's Home Centers, Inc.'s MA HIC NO.: 148688 Lowe's Home Centers, Inc.'s FEIN: 56-0748358 Customer Name Home Phone S GREGORY SPANOS 78.1-631-9189 O Customer Address OtfnerPhone 144 NORTH ST. L City State/Province Zip/Postal Code D SALEM MA 01`970 Installation Address T 144 NORTH ST. O Installation City Installation State/Province Installation Zip/Postal Cade SALEM MA 01970 MERCHANDISE AND INSTALLATFON SUMMARY MERCHANDISE SUMMARY 312148 : 19" X 64 1/4" : SOS : SOS TS 20 REPLACEMENT WND-EAST TC : 19"X 64 1/4"4DNE WIDE/DOUBLE HUNGS***THIS PRICE REFLECTS A 15% OFF PROMOTION ON SOS THERMASTAR WINDOWS-9-10-09 TO 9-21-09***. : PELLA WINYL DIVISION •CITY 1 312148 : 33 1/4" X 64 1/4" : SOS : SOS TS 20 REPLACEMENT WND-EAST TC : 33 1/4" X 641/4VONE WIDE/DOUBLE HUNGS***THIS PRICE REFLECTS A 15%OFF PROMOTION ON SOS THERMASTAR WINDOWS-9-10.09 TO 9-21-09***. : PELLA VINYL DIVISION -QTY 11 312148 : 19" X 64 1/2" : SOS : SOS TS 20 REPLACEMENT WND-EAST TC : 19"X 64 1/2"/0NE WIDE/DOUBLE HUNGS'**THIS PRICE REFLECTS A 15% OFF PROMOTION ON SOS THERMASTAR WINDOWS -9-10-09 TO 9-21-09**`. : PELLA WINYL DIVISION -QTY 1 Store 1094 Project No.271195429 for GREGORY SPANOS Page 1 of 7 STORE COPY, 312148 : 33 1/4 X 641/4" : SOS : SOSTS 20 REPLACEMENT WND-EAST TC : 33 1/4 X 64 1/4"/ONE WIDEIDOUBLE HUN.GS"'THIS PRICE REFLECTS A 15%OFF PROMOTION ON SOS THERMASTAR WINDOWS-9-10-09 TO 9-21-00'. : PELLA VINYL DIVISION(-' QTY 9 Materials Price :$5115.9 INSTALLATION DESCRIPTION Room : Master Bedroom Different Size Windows in Area : 1 Total Linear Feet of New Custom Trim 0, Total.Windows on Second Story or above : 0 Storm Windows : None or Customer will handle Total Number of Window AC Units : None Window Capping :No, Replace Window Stop/Sill/Brick Mould : Na Existing Damage : No Description of Existing Damage to repair: None Customer Understands Scope of the Project: Yes Permit Required : No Additional Miles Traveled over 20 : 0 Bring up to Code Description : None Local Disposal Fee :Yes Describe Other Work Needed : remove str.wins////capping Other Work Charge :Yes Comments : detai[30]wins Labor Charges $3738.0 Detail Deduction $ 0.0 Additional Specifications: Notation: Lowe's will not make structural modifications, paint or stain or remove/reinstall security system equipment. Customer is responsible to advise if prop- erty is governed by Historic District Regulations. Additional Specifications: The Environmental Protection Agency (EPA) has requested that Lowe's notify installation customers that a lead based paint hazard may exist in dwellings built prior to 1978. See pamphlet EPA 747-K-99-001 for details. TOTAL CHARGES OF ALL MERCHANDISE AND SERVICES where applicable labor is taxable check local tax restrictions SUB-TOTAL $8853.9 'SALES TAX $ 0.0 DELIVERY $ 0.0 ORDER TOTAL $8853 99 BALANCE DUE Store 1094 Project No. 271195429 for GREGORY SPANOS Page 2 of 7 . 4 x ; STORE COPY ;r Work is to commence upon reasonable availablityof Contractor which is anticipated to be -[fill in date]. Estimated completion date is [fill in date]: NOTICE TO CUSTOMER All items listed in this contract and specification sheet(s)are to be installed under conditions agreed upon at time of purchase and at the price appearing on this contract form. This assumes sound existing substructures,superstructure and points of attachments. Extra labor or material incident to installation ne- cessitated by defective substructures, superstructure, points of attachment, or the moving of fixtures or appliances to be billed at extra cost to customer. IF THE CONTRACT TOTAL IS$1,000.00 OR LESS Customer must pay in full. COMPLETE THIS SECTION ONLY WHENT E CONTRACT TOTAL EXCEEDS$1,100.00: Customer to Pay in Full;OR L] Customer to use the following payment schedule: (1) Deposit$' to be paid upon signing contract. Deposit should be 1/3 the total contract price; and (2) Payment of$ to be paid anytime after this Contract is signed and before commencement of installation, I/We authorize Lowe's to do one of the following (check appropriate box below): [] Charge my/our credit card for the amount of the payment indicated above anytime after the date this Contract is signed; or L] Deposit my/our check for the amount of the payment indicated above anytime after the date this Contract is signed; and (3) Final payment of$100.00 to be paid upon completion of the installation and both parties'satisfaction. t DO NOT SIGN THIS CONTRACT IF THERE ARE ANY BLANK SPACES AND UNTIL YOU HAVE READ THE TERMS AND CONDITIONS CONTAINED IN THIS CONTRACT AND WHICH FOLLOW THE SIGNATURE PAGE(s). BY SIGNING BELOW, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THE TERMS AND CONDITIONS SET FORTH IN THIS CONTRACT. YOU ARE ENTITLED TO A COPY OF THIS CON- TRACT AT THE TIME OF SIGNATURE. NOTICE REGARDING ARBITRATION AGREEMENT FOR CLAIMS COVERED BY M.G.L. c 142A LOWE'S AND OWNER HEREBY MUTUALLY AGREE IN ADVANCE THAT IN THE EVENT LOWE'S HAS A DISPUTE CONCERNING THIS CONTRACT, THAT LOWE'S MAY SUBMIT SUCH DISPUTE TO A PRIVATE ARBITRATION SERVICE WHICH HAS BEEN APPROVED BY THE SECRETARY OF THE E UTIVE OFFICE OF MER AFFAIRS AND BUSINESS REGU TIO AND THE OWNER SHALL BE REQUIRED TO SUBMIT TO SUCH AR- BITRA:. N�ASPAR- V f r G.L. c.142A. By: Date: t/ Store 1094 Project No 271195429 for GREGORY SPANOS Page 3 of 7 - STORE COPY we's Home Centers. Inc. B Date: r By: Date: Spouse THE SIGNATURES OF THE PARTIES ABOVE APPLY ONLY TO THE AGREEMENT OF THE PARTIES TO ALTERNATIVE DISPUTE RESOLUTION INI- TIATED BY LOWE'S PURSUANT TO M.G.L. c.142A. THE OWNER MAY BE PERMITTED TO INITIATE ALTERNATIVE DISPUTE RESOEUTION EVEN WHERE THE SECTION ABOVE IS NOT SEPERATELY SIQMEQ AY THE PARTIES. WITNESS OUR HAND(S) AND SEAL(S) BELOW THIS DAY OF �, Lowe's Home Centers, Inc. By: (Seal) Print Name: r (Seal) Address O er City State/Province Zip/Postal Code Print Name Spouse (Seal) - Print Name Customer acknowledges receipt of a true copy which was completely filled in prior to Customer's execution hereof.You the customer may cancel this transaction at any time prior to midnight on the third business day after the date of this transaction.See the attached Notice of Right to Cancel for an explanation of this right. Store 1094 Project No. 271195429 for GREGORY SPANOS Page 4 of 7 STORE COPY I TERMS AND CONDITIONS 1 AOWE'S"-DEFINED.Within this Contract(as defined on page t),the term°Cowes°shall refer totowe's Home Centers,Inc.,a.North Carolina corporation. - 2.GENERAL DESCRIPTION.By this Contract,Customer and Lowe's agree that(1)Customer:shall purchase and Lowe's.shall sell the goods and/or materials(the°Goods");and(2) Lowe's shall procure on -Customer's behalf,and Customer shall pay for,the services to install the Goods(the"Installation Services") in or on the premises identified on the face of.this Contract(the"Premises") for the Order Total stated on the face of this Contract(the"Price")and according to the provisions of the Contract documents.The Contract documents shall consist of(1)the face of this Contract,titled"Installed Sales Contract, (2)these Terms and Conditions,and (3)any attached sketches,materials lists,floor plans,and/or specification:sheets angd other addenda or attachments.hereto.Thre Contract documents do not include any correspondence,advertisements,estimates or other documents that are not attached. - 3.INSTALLATION SERVICES.Customer authorizes Lowe's on Customer's behalf to(a)arrange for the Installation Services to be performed by an independent contractor(the"Installer")(ficensed when leg- ally required), (b)issue a work order to the Installer to.perfortn the Installetbn Services,lc)havethe Installer's workinspected,should.Lowe's in its'discretion choose todo so(it beingagreed that Lowe s has :no obiligation to do so),and(d)pay the Installer after completion of the work and afterreceipt of a'certificate,signed and dated by Customer,that the workbas been satisfactorily completed,(the°Certificate of Completion°). Customer understands thatCowe's will rely upon the-Certrficate oPCompletion in paying the Insfallertor this installation Services. CUSTOMER AGREES THATTHE INSTALLER WILL PER- FORM THE INSTALLATION SERVICES ACTING ASAN INDEPENDENT CONTRACTOR FOR CUSTOMER AND NOT UNDER THE SUPERVISION OR OONTROLOF LOWE'S.Customer agrees that the Installation Services do not include architecturaVengineering services or structua changes to the Premises or any othe r.services beyond.the ordinary and routine: installatiop of the Goods as speafically ` provided.in the Contract.Customer is responsible,afCustomer's cost,for providing any necessary architectural/engmeerir►g services or stmctual changes to the Prerro ices or any other services not specifically identified inthisConVact. - - - - 4.GOODS.Lowe's will arrangefor deliveryof the Goods to the Premises.Any surplus materials upon completion of the Installation Services shall be the property of CLstomer. 5.PRICE.The Price covers the Goods;Installation Services,and applicable taxes.The Price assumes sound existing substructures;superstructure and points of attachments.The Price shall be increased by thecost and reasonable profit to Lowe's of having to provide additional Goods and/or Installation Services as a result of defective substructures,superstructures,or points of attachments or the existence of. any other Undisclosed Condition(as defined in section 9 of these Terms and Conditions). In the event of an Undisclosed Contlition.or the foregoing,Customer will a zecute a change order or a new replace- ment contract upon Lowe's request. - 6.PAYMENT.If the Price is$1,000.00 or less,payment of the Price by Customer to Lowe's is due in full upon execution of this:Contract.If the Price is over$1,000.00, Customer may choose to pay in full upon execution of this contract, but Lowe's may not require Customer to do so. If the Price is over$1,000.00 and Customer does not pay in full at the time of sale,Customer agrees to pay Lowe's according to the payment schedule set forth in this Contract.Customer agrees to pay a deposit upon execution of this Contract equal to one-third of the Price.Customer agrees to make a payment for the balance of the Price less the final payment at least one day after the date this Contract is executed and prior to the commencement of the Installation Services.Customer agrees to make the final payment upon completion of the Installation Services and Customer's satisfaction.Payment for a new replacement contract is payable according to these Terms and Conditions.Payment for any than go order is due at the time of that change order. -- 7. LICENSES,PERMITS,SAFETY RULES,BUILDING CODES,ZONING ORDINANCES,AND OTHER LAWS.The Installer shall be solely responsible to Customer for obtaining any and all licenses which are legally required to perform the Installation Services.The Installer shall also be solely responsible to Customer for the Installation Services being performed in compliance with all applicable safety rules and all existing buidling codes,zoning ordinances and other laws.Lowe's shall be responsible to Customer for obtaining building permits which are legally required to perform the Installation Services where Lowe's is legally required to obtain such permits.Where Installer is required to obtain such permits then Installer will be responsit3le to Customer for obtaining such permits.Customers who secure their own building permits will be precluded from claiming against certain state guaranty funds relating to home improvements. Neither the Installer nor Lowe's shall be responsible for any pre-existing violations of safety h rules, P P 9 II not be re wired to address or correct same.If prior to the corn letion of work a change occurs to any applicable safety rule,building code,zoning or- building codes, zoning ordinances or other laws and s a q dinance or other law which requires additional Goods and/or Installation Services to perform this Contract,Customer agrees to pay Lowe's the cost and reasonable profit for such additional Goods and Installa- tion Services and to execute a resulting change order or new replacement contract as requested by Lowe's.No additional work will be performed under this Contract due to any change to any applicable safety rule,building code,zoning ordinance or other law that occurs after the completion of work. 8.CUSTOMER'S WARRANTY AGAINST VIOLATIONS OF EASEMENTS,COVENANTS,AND THIRD PARTY RIGHTS. Customer warrants that performance of Installation Services will not violate any exist- ing real property easements,covenants,homeowner's association rules or rights of third parties holding an interest in the real property being improved. 9.UNDISCLOSED CONDITIONS IN PREMISES.If Installer discovers any defect,weakness or dangerous condition including,.but in no way limited to,mold,mildew, rot,asbestos or infestation("Undisclosed Condition") in the Premises'structure, substructure,.super-structure or points of attachment,Customer must remedy the Undisclosed Condition at Customer's sole coast and expense and to Lowe's sole satis- faction. If Customer refuses to permit inspection of the.Premises as set forth below,Lowe's may terminate or rescind this Contract without remedy or recourse by,or Ifurlher obligation to,Customer,except as expressly provided below. If.Customer and Lowe's disagree as to whether an Undisclosed Condition exists, Lowe's may, in its sole discretion obtain the services of an inspector to inspect the Premises at Lowe's sole cost and expense, and if Lowe's chooses to do so,such inspector's report shall be final and conclusive as to whether an Undisclosed Condition exists. In the event of any Undisclosed Condition that Customer does not remedy to Lowe's sole satisfaction,or any failure by Customer to perform any other obligation of Customer under this Contract,then at Lowe's option(1)Lowe's may rescind this Con- tract and return the Price to Customer without further cost or obligation by either Customer or Lowe's if Lowe's notifies Customer of its election to rescind this Con-tract prior to the earlier of delivery of the Goods and the Installer beginning performance of the Installation Services, or(2) Lowe's may terminate this Contract wirthout remedy or recourse by, or further obliigation to Customer, except as expressly provided below if Lowe's notifies Customer of its election to terminate this Contract after the earlier of delivery of the Goods:and the installer beginning performance of the Installation Services.In the event that - Lowe's terminates the Contract as provided in this Section,then Customer may return the Goods(other than Goods that have been"custom-made")in their original,unopened condition,to Lowe's for arefund or credit.Any such return must be made within 30 days after Lowe's terminates this Contract.Customer will be charged a-15%restocking fee on any such returns.Goods not in their original,unopened condi- tion,and custom-made goods,may not be returned."Custom-made"goods include goods that have been uniquely altered,color-matched,shaped,sized,cut or otherwize designed or fitted to accomodate the requirements of a particular space or environment.Examples of custom-made goods include,but are not limited to,cabinetts,countertops,floor and wall coverings,and window treatments.If Lowe's terminates this Contract as provided herein, Lowe's shall have no obligation to refund any portion of the Price(except as expressly provided herein)and shall have no obligation to restore the Premises to their original condition. 10.CUSTOMER'S RESPONSIBILITIES:Customer agrees to pay Lowe's according to these Terms and Conditions.Customer agrees to facilitate the location of utility lines.Customer is responsible for identi- fying property lines.Customer agrees to ensure that work area are free of vermin and pre-existing physical or environmental hazards,and buildingtzoning code violations.Customer agrees to provide the In- staller with access to work areas during working hours and to provide access to sanitary facilities or to pay the rental costs for such facilities. Customer agrees to ensure that any security system at the Premises will not interfere with performance of the Installation Services.Customer agrees to provide power to,as applicable,climate control in,the work areas.Customer agreesnot to allow unattended minors at the Premises while the Installer is present Customer agrees to control and keep pets away from work areas.Customer agrees to keep posted permits ondisplay at all times..Customer agrees that if Cus- tomer or anyone Customer controls interferes with or delays performace of the Installation Services,Customer may be subject to transportation/storeage charges or other resulting charges.Customer agrees not to assign or transfer this Contract.Customer agrees that any claim against Lowe's or the Installer under this Contract should be made to Lowe's within thirty(30}calendar days of the date Customer first becomes aware of a problem. (Lowe's will attempt resolution of any claims)within sixty(60)calendar days of receiving Customer's notice.)CUSTOMER ASSUMES THE RISK AND THE FULL LIABILITY OF PHYSICALLY ASSISTING WITH DELIVERY OF THE GOODS OR WITH PERFOMAN E OF THE INSTALLATION SERVICES. - Store 1094 Project No. 271195429 for GREGORY SPANOS Page 5 of 7 STORE COPY 11.MANUFACTURER WARRANTY FOR GOODS/LOWE'S WARRANTY FOR INSTALLATION SERVICES/LIMITATIONS OF LIABILITY.Customer,is entitled to any warranty provided bya manufacturer of " the Goods sold under this Contract.The Installer will provide Customer with any manufacturer consumer warranty information accompanying the Goods,and Customer may also obtain such information by =ti, contacting Lowe's.Lowe's does not warrant the Goods AND EXPRESSLYDISCLAIMS ALL WARRANTIES,:EXPRESS 08 IMPLIED,TO THE FULLEST EXTENT PERMITTED BY LAW.,�- 9 �` ,aka. Lowe's does warrant that the.Installtion Services will be performed by the installer in a good and workmanlike mariner,Lowe s warranty for Installation services shall extend for a period of one year from the earlier of(1) the date the Certificate of Completion is signed by Customer or(2)the date that Lowe's determines that the Installation Services have been completed,orrforsuch greater period as maybe re- quired b ,applicable law governing consumer warranties for.workmanship(the'Warren Period").LOWE'S WARRANTY THATTHE INSTALLATION SERVICES WILL BE,PERFORMED BY THE INSTALLER INAGOOD AND WORKMANLIKE MANNER DOES NOT COVE.., AND LOWE'S WILL NOT BE RESPONSIBLE FOR; ANY DEFECT IN SUCH INSTALLATION SERVICES DUE TO (1) ANY DEFECT, WEAKNESS OR DANGEROUS CONDITION,INCLUDING BUT NOT LIMITED TO,MOLD,ROT-,ASBESTOS OR INFESTATION IN THE PREMISES STRUCTURE,SUBSTRUCTURE,SUPERSTRUCTURE _ OR POINTS OF ATTACHMENT,OR OTHER PRE-EXISTING PHYSICAL OR ENVIRONMENTAL HAZARD,OR(2)ABUSE,MISUSE,NEGLECT,OR IMPROPER CLEANING.LOWE'S WARRANTY FOR IN- STALLATION SERVICES SHALL.BE.IN LIEU OF ANY OTHER WARRANTY TO THE FULLEST EXTENT PERMITTED BYLAW. - - Customer acknowledges and agrees that Customer shall be limited to seeking recourse or remedy exclusively from Lowe's or the Installer(as applicable)and that no affiliate of Lowe's shall have any liability under this Contract. Customer must give Lowe's written notice within the Warranty Period of any waranty claim relating to Installation.Services.Customer agrees that its sole and exclusive remedyagainst Lowe's for a warranty claim is reinstallation in a good an workmanlike manner,including the repair or replacement of any Goods if and to the extent resonably necessary to correct the defective Installation Ser- vices.CUSTOMER SHALL HAVE NO OTHER REMEDY FOR A WARRANTY CLAIM, INCLUDING WITHOUT LIMITATION REMEDY FOR LOSS OR DAMAGE CAUSED BY NORMAL WEAR AND TEAR, LOSS OR DAMAGE WHICH HAS NOT BEEN REASONABLY MITIGATED,OR LOSS OR DAMAGE CAUSED BY ACTS OF GOD. IN NO EVENT SHALL LOWE'S BE LIABLE FOR INDIRECT, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES(SUCH AS,WITHOUT LIMITATION,LOST PROFITS,LOST SALES,AND INJURIES TO PERSONS OR PROPERTY),.EVEN WHERE LOWE'S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.WHERE, DUE TO OPERATION OF LAW, SUCH DAMAGES CANNOT BE EXCLUDED,THEY ARE EXPRESSLY LIMITED IN AMOUNT TO THE PURCHASE PRICE. In connection with any warranty claim;Customer agrees,at no cost to Lowe's or the Installer,to prepare the Premises and the reinstallation area in the manner described in Section 10 of these Terms and Conditions. - - 12. DISPUTE RESOLUTION FOR CLAIMS COVERED BY M.G.L.c.142A. Most questions or complaints are resolved informally. If Customer has a question or complaint;Customer agrees to contact the : Lowe's salesperson whose name appears on this Contract and.the manager of the Lowe's store where Customer entered into this Contract. If Customer has acomplaint which cannot be resolved informally, The Home Impovement Contractor Law(M.G.L.c.142A)may provide Customer with the right to request arbitration through a private arbitration program approved by the Director of the Office of Consumer Af- fairs and Business Regulation,as an alternative to court action.The same right is not afforded to Lowe's unless the"Notice Regarding Arbitration Agreement for Claims Covered by M.G.L.c.142A"above is signed and dated by Lowe's and the owner.If allowed by statute or applicable law,the arbitrator may awardstatutory damages and/or reasonable attorneys'fees and expenses.If Customer fails to pay Lowe's in accordance with this Contract,.Lowe's shall be entitled to recover its reasonable attorney's fees as provided by N.C. Gen.Stat.Section 6-21.2 or other applicable law.To the fullest extent permitted by law, Lowe's and Customer agree that no class action arbitration of any type may be ordered by a Court or arbitrator(s)under this Contract and,in addition,that there shall be no joinder of parties,except for joinder -of parties to the transaction covered by this Contract. If a court or arbitrator determines the waiver of the right to class action arbitration or the prohibition of joinder of parties(other than parties to the transac- tion covered by this Contract)to be unenforceable,then the party bringing such action will be required to bring such action in a court of law. 13.ARBITRATION AGREEMENT AND WAIVER OF JURY TRIAL FOR CLAIMS NOT COVERED BY M.G.L.c.142A.All claims by Customer or Lowe's concerning this Contract which cannot be resolved in- formally,and which are not covered by M.G.L.c.142A or subject to the jurisdiction of a small claims court,shall be resolved by binding arbitration conducted by a single arbitrator under the current applicable rules,procedures and protocols of the American Arbitration Association(as amended).If the dispute falls within the jurisdiction of a small claims court the claimant may,at its option,choose to arbitrate or file a small claims action. Any appeal of a judgment from a small claimscourt shall be resolved by arbitration as provided herein. Claims to be resolved by binding arbitration include,but are not limited to(1)all claims directly or indirectly related to the signing of this arbitration agreement,the validity or scope of this arbitration agreement,or any attempt to set aside this arbitration agreement,(2)all federal or state law claims relating directly.or indirectly to this Contract(including this arbitration agreement),the information.Customer gave Lowe's before entering into this Contract and/or any past agreement or agreements between Customer and Lowe's, (3)all counterclaims,cross-claims and third-party claims,(4)all common law claims of any kind including common law claims based upon contract,tort,fraud,or other intention- al torts, (5) all claims based upon a violation of any state or federal constitution, statute or regulation, (6) all claims asserted by Lowe's against Customer, including claims for money damages to collect any sum Lowe's claims Customer owes Lowe's,(7)all claims asserted by Customer individually against Lowe's and/or any of Lowe's employees;agents,directors,officers,shareholders,managers,members,par- ant company or affiliated entities(herein collectively referred to as"related third parties")or the Installer,including claims for money damages and/or equitable or injunctive relief,(8)all claims asserted on Cus- tomer's behalf by another person, (9)all claims asserted by Customer as a private attorney general against Lowe's,related third parties and/or the Installer, (10)all claims arising firom or relating directly or in- directly to the disclosure by Lowe's, related third parties or the Installer of any non-public personal information about Customer,and/or(11)all other claims arising under or related to this Contract whether or not set forth above. Binding arbitration means that Customer waives:(1)any right to a jury trial; (2)any right to bring a lawsuit In a court(other than a small.claims court as described above); and(3)any right to seek relief in any other forum or from any other agency.Any claim not decided by a small claims court will be decided by an arbitrator selected by the American Arbitration Assoclatlon.Lowe's and Customer agree that binding arbitration provides a simple, cost.efficient method to resolve disputes quickly. Lowe's and Customer therefore agree that no class action arbitration of any type may be ordered by a Court or arbihator(s)under this Contract and,in addition,that there shall be no joinder of parties,except for joinder of parties to the transaction covered by this Contract.If a court or arbitrator de- termines the waiver of the right to class action arbitration or the prohibition of.joinder of parties(other than parties to the transaction covered by this Contract)to.be unenforceable then this entire arbitration agreement shall be rendered null and void,and the party bringing such action will be required to bring such action in a court of law. By agreeing to binding arbitration Customer and Lowe's waive any right to bring or participate in a Class Action lawsuit regarding any claim. _ How Arbitration Works: - Lowe's may demand arbitration by sending written notice to Customer at the address listed in this Contract.Customer may demand arbitration by sending written notice to Lowe's at the following address:Mail code 2ELG,P.O.Box 1000,Mooresville,NC 28115.The arbitration shall be held in the city or county where the Premises are located or in such other convenient location as the Customer and Lowe's may mu- tually agree. Lowe's shall pay the filing, administrative,hearing and arbitrator's fees associated with the arbitration.Customer shall not be required to reimburse Lowe's for these expenses even if Lowe's wins the arbitra- tion.Unless the arbitrator's award specifically provides otherwise,Lowe's and Customer will each be responsible for its own attorneys'fees and other expenses,such as witness and expert witness fees.At the timely request of Customer or Lowe's,the arbitrator will.provide a written explanation of the award so long as such requirement is consisent with the rules,procedures and protocols of the American Arbitration Association then in effect.' The arbitrator's award may be filed with and enforced by any court having jurisdiction_If allowed by statute or applicable law,the arbitrator may award statutory damages and/or resonable attomeys'fees and expenses.If Customer fails to pay Lowe's in accordance with this Contract,Lowe's shall be entitled to recover its reasonable attomeys'fees as provided.by N.C.Gen.Stat.Section 6-21.2 or other applicable law.The parties agree that this arbitration agreement is made in connection with a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act,but if for any reason the Federal Arbitration Act does not apply,then this arbitration agreement shall be goverenedby the laws of the State of North Carolina. 14.GOVERNING LAW AND SEVERABILITY.This Contract shall be interpreted under and governed by the laws of the State of North Carolina except that the Arbitration Agreement and Waiver,of Jury Trial in Store 1094 Project No. 271195429 for GREGORY SPANOS Page 6 of 7 r STORE COPY' paragraph 13 above is governed by the Federal Arbitration Act, 9 U.S.C.Sections 1.16.if any provision of the Contract is contrary to any law to which it is subject,such unlawful provision shall be ineffective without'invalidating the other provisions,which.shall remain in full%.force and effect;"except that,as stated in paragraph 13,If thewaiver of class action arbitration',or the,prohibition of consolidation or joinder,is determined:unenforceable,then the entire arbitration agreement in'paragraph 13 will bei rendered null and void. - - - 15.CREDIT CARD/FINANCED TRANSACTIONS.If Customer uses a credit oamd or obtains financing to pay some or all of the Price,then Customer acknowledges that the terms of his or her cardholder agreemen4.or financing documents may change the total amount of money Customer must pay to the credit card provider or lender,including any interest charges and fees.Customer acknowledges that his or her cardholder agreement or financing documents may have other terms and conditions to which Customer will be subject.Customer also acknowledges that Lowe's is not a party to any such cardholder or fin- ancing agreement: 16.WAIVER OF LIENS. Because responsibility for paying the Installer on Customer's behalf belongs to Lowe's; Lowe's will require the Installer,on behalfof itself and any-of the Installer's subcontractors,ma- tedalmen.or suppliers,as a condition precedent to payment by Lowe's on Customer's b ehalf,to fully and unconditionally relinquish,waive and release any and all mechanic's liens,.matenalman's lien and other hens in the:Premises which the Installer or its subcontractors,materialmen or suppliers amight have or acquire in the future,by operation of law or otherwise,as a"result of this Contract. 17.UNAVOIDABLE DELAY OR FAILURE IN PERFORMANCE EXCUSED.Any:delay.or failure by Lowe's or the Installer in performing this Contract because of stike,fire;flood,:epidemic,acts of terrorism, acts of God, inability to obtain Goods in a timely or commercially feasible manner,or any other causes beyond the reasonable control of.Lowe's or the Installer shall be excused and shall not be:breaches of. this Contract.. - - 18.ENTIRE AGREEMENT/CHANGES IN WRITING.Customer and Lowe's agree tha9 this Contract accurately states the entire agreement between Customer and Lowe's concerning.the Goods and Installa- tion Services and replaces and supersedes all prior agreements and understandingsr.elating thereto, both oral and written,and all oral agreements and understandings entered into at the same time as this Contract.Any additions or changes to this Contract,or any waiver of rights under this Contract,must be in writing signed.by.Customer and Lowe's. - - 19.CAPTIONS.Titles or captions of sections contained in this Contract have been inseerted-only as a matter of convenience and in no way define,limit,extend,describe orotherwise affect the scope or.mean- ing of this Contract or the intent of any:provisions hereof. - - 20.ADDITIONAL INFORMATION.All contractors and subcontractors must be reg istered by the Administator of the Board of Building Regulations and Standards.Inquiries about a contractor or subcontractor relating to a registration should be directed to the Administrator of the Board at One Ashburton Place,Room 1301,Boston,MA 02108,(617)727.8598. 21.QUESTIONS OR CONCERNS.Customer should speak with the Lowe's salesperson whose name appears on this Contract and the manager of the Lowe's store where Customer entered this Contract re- garding routine matters such as scheduling,any requested changes to Customer's order;or any concerns Customer may have about this Contract,the Goods or the Installation Services,at the address and/or phone number noted on the front page of this Contract. - Store 1094 Project No. 271195429 for GREGORY SPANOS Page 7 of 7