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6 SUMNER RD - BUILDING INSPECTION (4) a The Commonwealth of Massachusetts CITY Board of Building Regulations and Standards Massachusetts State Building Code, 780 CMR, Tn edition OF SALEM Revised Jatutury Building Permit Application To Construct, Repair, Renovate Or Demolish a 1. zorhy One-or Two-Family Dwelling This Section For Official Use Only Building Permit Num r:/f Date Applied: l ^ Signature: ` Z9" �/ �\ Building Commissioner/Inspector of Buildings Date SECTION 1:SITE INFORMATION 1.1 Property Address: /� 1.2 Assessors Map& Parcel Numbers l� ri1/tcf trA 1.la 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(tt) 1.5 Building Setbacks(R) Front Yard Side Yards Rear Yard Reyuired 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: Zone: _ Outside Flood Zone? Public❑ Private❑ Check if es❑ Municipal❑ On site disposal system ❑ SECTION 2: PROPERTY OWNERSHIP' 2.1 Owner of Record: S(�Gvlil� Sr dam !9 Sr cw /I<r Name(Print) Address for Service: 17�r-7Yy' QG '83� Signature Telephone SECTION 3: DESCRIPTION OF PROPOSED WORK'(check all that apply) New Construction❑ Existing Building❑ Owner-Occupied O 1 Repairs(s) 161 Alteration(s) ❑ Addition ❑ Demolition ❑ Accessory Bldg.(3 Number of Units_ I Other ❑ Specify: Brief Description of Proposed Work'': F 4:ce e o SECTION d: ESTIMATED CONSTRUCTION COSTS Item Estimated Costs: Official Use Only Labor and Materials I. Building S 1 / S, I. Building Permit Fee:S Indicate how fee is determined: 2. Electrical S ❑Standard City/Town Application Fee ❑Total Project Cost'(Item 6)x multiplier x 3. Plumbing S 2. Other Fees: S 4. Mechanical (HVAC) S List: 5. Mechanical (Fire S Tot Su ression al All Fees: S Check No. Check Amount: Cash Amount: 6. Total Project Cost: S f/ / J$: St 0 Paid in Full 0 Outstanding Balance Due: SECTIONS: CONSTRUCTION SERVICES s 5.1 Licensed Construction Supervisor(CSL) �C�(�dGO C�'Sed Tom. I.icense Number Expiration Date Name of CSL• I I dJer I.ist CSL Type(see below) u j c j �an m oDS c f. Dewri Lion :Wdress U' llnrestricied(up to 35,000 Cu.Ft. R Restricted IR2 FamiIZ Dwelling Signature M Masonry Only RC Residential RoofingCoverin -felephune WS Residential Window and Sidi SF Residential Solid Fuel Burning A liance Installation D Residential Otmolition 5.2 Registered �ome Imp rovemegt Contractor(HIC) y- P o ( r S La a Registration Number IIIC Company Name or MC Registrant Nam J//lallo Address 17 cf_ g')V_d 9" Expiration Date Signutum 'telephone SECTION 6: WORKERS'COMPENSATION INSURANCE AFFIDAVIT(M.G.L.c. 152. 4 2SC(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...........0 SECTION 7a:OWNER AUTHORIZATION TO BE COMPLETED WHEN OWNER'S AGENT OR CONTRACTOR APPLIES FOR BUILDING PERMIT 1 5 0ekA 11� ; _-5c's�e _, as Owner of the subject property hereby authorize E. y�+a L a- Rrov lr N« to act on my behalf,in all matters relative to work authorized by this building permit application. signature of Owner Date II SECTION 7b: OWNEW OR AUTHORIZED AGENT DECLARATION 1A} \S y /��c�.� ,as Owner or Authorized Agent hereby declare that the statemen s and info oration on the foregoing application are true and accurate,to the best of my knowledge and behalf. Print Name��� Signature of(honer or AAutho(nze—'d A� Date rr (Sibtned under the pains and penalties of perjury) NOTES: I. 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 no.1 have access to the arbitration program or guaranty fund under M.G.L. c. I42A.Other important information on the HIC Program and Construction Supervisor Licensing(CSL)can be found in 780 CMR Regulations 1 10.R6 and I IO.RS,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.) Ilabitable 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" CITY OF SALEM PUBLIC PROPRERTY DEPARTMENT 1 C�{•.1+111.\1.:+!V jl'Mlai �•\I I\I, �t.N�\1 I II N 1.+.I'1 . rrl:'01-745")Wg •1:%X:9711•740-91146 Construction Debris Disposal Affidavit (required lur all demolition and renovation work) In accordance with the sixth edition of the State Building Cole, 780 CMR section 111.5 Debris, and the provisions of MGL c 40, S 54; Building Permit N is issued with the condition that the debris resulting from this work shall he disposed of in a properly licensed waste disposal.facility as defined by MGL c I11. 5 150A. The debris will be traansportedLby: 69 Gd'G.d'AO (..rGS T 1C� l mama ut•hauler) The debris will be disposed of in lJor (`a- _. Cd-'t Pl Y1 (Ila"111al.l lty RA l address of I'u 1111Y) y z4L /. = . Signature •rnul ipyh" Ate H � 9+ ��C C(VNGI!!Uil[LF1tFl�i/ b�. 4GlLJ,)�? Li,!P�74 _ D- _ - "' Board of Building Regulations and Standards - Construction Supervisor License Licetise:..CS. 95306 Birthdate: 3/4/196,2 pmj - Expiration: 3/4/2010 Tr# 95306 Restriction: 00.. - - - 0 m'. GERARDO CASERTA W 5':BIRCH LANE m TOPSFIELD,MA 01983 Commissioner omxf (COIMIN<J/r(4,wd 0`. 4 Boardof Building Reguittionsand Standards HOME - - IMPROVE License or registration vnlld forindividul use only MENT CONTRACTOR before the expiration date. if found return to: 4 �. ' Registration 161645 Board of Building Regulationiland Standards Explmlloh:etit/12I2010 .Tr#-277444 One Ashburton Place Ran1301 - Type; individual - Boston,Ma,02108 ., GERARDO CASERTA p GERARDO CASERTA - L 5 BIRCH LANE - N„ N TORSFIELD,MA 01963 Administrator Not valid rvttho�r'sr f O - gua ure O O / N L 00 L - i Mar 12 10 06:44a gerardo caserta (978)887-0993 p.1 �IussachusMts- Depailment of Public �ufet. Board of Buildin_ Re_ulations mid Standards construction Supervisor License License: CS 95306 Restricted to: 00 GERARDO CASERTA 5 BIRCH LANE _ TOPSFIELD, MA 01983 Expiration: W412012 ........ i,nu•r Trr-: 19694 2008-11-05' 15153 978 880 0023 InsteM094 P 1/1 r i tM awry .. :aeuyd fa�lee7 - ao7aarhul9o14mwW'5 aais+d%V Pal+l?+Zd'► ,laaE;l e,weyAi!J'E }w>•u}iudaQ 7w!YI!nB 2 471pX W 9aaaN'1- _ :(aeeaya)Aiptapaty8wlwu4 � 8d?waaF'1/2W[aay1. :aw.l,au LY:1. . - - r� 7al�fh s!Wta!fgat9%w/6�r!ao0.m'm syl w}mrw lau eQ N)unautrrA?� _. Iaauwlwm sswwaeeoai fau!!!NnruKw ayi laW+WW'dR r#PA..wap fripa dgamrap7 _ , wonn(waA aBYiaem is m ljS via 3TIOS DWBIMAUI ... P--W—pm pop--; p9}pAdaatug PaRAW afl :aa�lma mp�mmaAa Aapa OQ'OSzS'.w/Ee,)w - aaSai,®tYlllup JIYWNd[115aW mV?97:w sorNeaarl wsa ss dqw a.WxWo[?W!�aa.[-a¢�agT�00'OO I$ iln auu } up sa 1m�.a)ww4imdml.wglmP??I?!?ZS["a�('.IW1e rSZ eopn wu Qaimbarsa a8esnoi actinaamim3 . (Qwp,-PMd6vmv wq9 mm.Aagodagf 2"P)ai.d:nlmnw.p sMW wogma&we>.swmw agi)o Adu s anav :. ss'�'PW'uS Wf 1' N'I am.,lpS Iw k Awryod , AtlEdsW;)a]v0.ms:r[ 1 � �,YMw?Lsl7adauPA�M8rnA9�iir►Arapfawirnmgq npsiadoa 'mi�!l�?dRaM,asalMdwr+als r�j ..,. %t-smilw"oftNwm.n+yu uawaw wvwme4's9Jva mwv.esp!w lNlAw rw>e!!•unm ro¢ywisC.wNe%wwoJ, Vmr Alnaryq anpprap.,mpepepvsavd�i?a4'^e?i�VF Fr@Aw0aA6T NM?W!yNyv weayvpq Ww uyaiwomH, ,. :,' ds�ea�.m.mw�?atl wv:P�!PSwasamun Im it aw mm ty,vrrP&AV F >aVl0�°i[ I'.-mktiaN] aKola- 'urcldv3mYI]Zl w •am—Tml( 4'Zorn ItvoMaOK.rmmsm .a^"4�TiN Y►)1$YSl'� - 'diaw.ttn[mn wHj•�as(m mwylppamv)edai euryamld Q'll '7glyn4 wondom3ioxft dsa"".11a !Wr---1 qa On CI'C - - - 'moatppwwstadath1, 13[]'Ol --no P X*a'a Owo [PUT" :: ua?QRPa NN,PFmY , •6 �S.W!WPR[oLu??o�eaM10._i aa®mw, dwuxs.xexma ory) Y ;'iNEmal}'dPI%�,aggqM 'AHaadw;Ave m awe 201.8mlywn+ -.�+ni0°RQ .8. ;.•Jvlq vmaanuca lnc wcsgl SJa1CG}dlaa ov? puwdR y '`�4��NI] G 2�?%[li Pagxaa o92 uw Palm - sx,vsd�lolaudwM a}6cB4181 r,�•Z ki API(] 9 �"agi.PaA9 as?q. '(a[m-aPe mlP�II^l)=+o!iWdvij!"r "�1 Owa.wuwauew lalauaNuvisl0'ti .• :_:(nq aaRwld:winra¢1.[j'[ (W9ad?a)IaalAldjead,(Z. am0aiajda#da.apilpwJ e+aLgdmoaa mA up., ... :IIv9i^,WlNiei// ?aB)aYwN y�®Idl�i�V1iJ1'J/IUa�AgW.7(Lu pg=UAWMV 27OURMq MwvsvAdWaj �Ja� 18M J•ff/wYBb]fYar.rr.N ///z81'/Y,�NFiYB . 'aeq"$i+sasaIla MOO upswyaesmhjo�rylaarwaswou } . T •d RRCII_J RO "fQ/CI i e� .�co.. .... ..- .�4 STORE COPY INSTALLATION SERVICES CUSTOMER CONTRACT- MWORK-INT/EXT/PATIO VALIEDATION DOOR LOWE'S OF DANVERS, MA., STORE#_1094 STORE PHONE: (978)646-9099 153 ANDOVER STREET SALESPERSON: DENNIS GLENNON DANVERS, MA 01923 SALESPERSON ID: 1227928 Document Print Date : 04/03/2010 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 endprsement, the entire agreement, including the specifically completed pages of this document, the Terms and Conditions included with this document and 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%gBINP. 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 JOANNE JUDGE 978-744-0683 Customer Address O Other Phone L 6 SUMNER RD. City Slate/Province Zip/Postal Code D A O I`C j© Installation Address T 6 SUMNER RD. O Installation City Installation State/Province Installation Zip/Postal � Code C�1¢ir1 MA 9496.7� 011-?0 MERCHANDISE AND INSTALLATION SUMMARY MERCHANDISE SUMMARY 39652 : PRODUCTCODE : SOS : SOS RB COMMODITY STEEL- DORFAB TC : ENTRY/EXTERIOR SINGLE UNIT, HALF LITE VENT LITE : DOOR FABRIC- ATION SERVICES, INC -QTY 1 1048 : 87546 : STK : 1 X06 RED OAK BOARD : 1 X4X6 RED OAK BOARD : BABCOCK LUMBER - QTY 1 14334 : STK : PNE CASE 351 2-1/2 X11/16 XT : PINE CASE 351 2-1/2 X11/16 XT - QTY 3 22561 : 59008033 : STK : 30" BISMARCK VINYL WHT : 30" BISMARCK VINYL WHT : COMFORT-BILT WINDOWS AND DOORS - Q TY 1 Store 1094 Project No. 293631874 for JOANNE JUDGE Page 1 of 7 STORE COPY 75459 : 75459 : STK : 1 X10X8' SELECT PINE : 1X10X8' SELECT PINE : PRECISION LUMBER -QTY 4 Materials Price $ 599.51 INSTALLATION DESCRIPTION Stock or SOS' Stock Door Type Exterior Select Location : base-ment door Select New Door: Single Pre-hung Side Lights or Transoms : No Hardwood (Mahogany or Oak) Door : No Hidden Damage Description : None Number of additional holes bored for accessories : None Install Specialized Mortise Hardware : No Install Storm Door: Install new storm door Select Storm'Door : Storm Door ' Total Linear Feet of Custom Trim to'be Installed :0 Deliver Door : Yes 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 IDescribe Other Work Needed : work janb for 78" dr. Other Work Charge : Yes Comments : also instl str-dr.on porch Labor Charges $ 551.0 -Detail Deduction -$ . 35.00, 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 $ 1115.51 *SALES TAX $ 0.0 DELIVERY $ 0.0 ORDER TOTAL $ 1115.51 Store 1094 Project No. 293631874 for JOANNE JUDGE Page 2 of 7 STORE COPY BALANCE DUE F mmence upon reasonable availablity of Contractor which is anticipated to be [fill in date]. i letion date is Tb Ap [fill in date]. O 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 pri ce'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 i�t full. OMPLETE THIS SECTi N ONLY WHEN THE CONTRACT TOTAL EXCEEDS$1,000.007 Customer to Pay in Full; OR [_] Customer to use the following payment schedule: ri (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 [_] 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. 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 EXECUTIVE OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATIONS AND THE OWNER SHALL BE REQUIRED TO SUBMIT TO SUCH AR- BITRATION AS PROVIDED IN M.G.L. c.142A. 'tore 1094 Project No. 293631874 for JOANNE JUDGE Page 3 of 7 STORE COPY By' --Date: Lowe's Home Centers incnG By ` / O.-,s — ^^ k Date: t'l_ 03- , p Dwner By: Date: ouse THE SIGNATURES OF THE PARTIES ABOVE APPLY ONLY TO THE AGREEMENT OF THE PARTIES TO ALTERNATIVE DI PU TE RESOLUTION INI- TIATED BY I OWE'S PURSUANT TO M.G.L. c 142A THE'OWNER MAY BE PERMITTED TO INITIATE ALTERNATIVE DISPUTE RESOLUTION EVEN WHERE THE SECTION ABOVE IS NOT SEPERATELY SIGNED BY THE PARTIES WITNESS OUR HAND(S)AND SEAL(S) BELOW THIS _DAY OF Lowe's Home Centers, Inc. t By. (Seal) Pr; Address ` '(Seal), Owner CItY State/Province Zip I Postal Code PNnt Name Spouse (Seal) Print Name _ h_ 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 prior to midnight on the third business day after the date of this transaction. Seethe attached Notice of Right to Cancel for an explanation of this right. Store 1094 Project No. 293631874 for JOANNE JUDGE Page 4 of 7 STORE COPY TERMS AND CONDITIONS 1."LOWE'S" DEFINED.Within this Contract(as defined on page 1),the term"Lowe's"shall refer to Lowe'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 and other addenda or attachments:hereto.The Contract documents do not include any correspondence,advertisements,estimates or other documents that are not attached. 3..INSTALLATION,SERVICES. Customer authorizes Lowe's on Customers behalf to.(a)arrange for the Installation Services to be performed by an independent contractor(the"Installer")(licensed when leg- ally requred)', (bj issue a-work order to the Installer to pedorm the Installation Services;.(c)Have the Installer's work inspected, should Lowe's in its discretion choose to do so(it being agreed that Lowe's has no obiligahon to do so),and'(d) pay the Installer after completion of the.work and after'receiptbf a certificate,signed and dated by Customer,that the work h s been satisfactorily completed(the"Certificate of Completion"): Customer understands that Lowe's will rely upon the Certificate of Completion in paying the Installer for the Installation Services. CUSTOM AGREES THAT THE INSTALLER WILL PER- FORM THE INSTALLATION SERVICES ACTING AS AN INDEPENDENT CONTRACTOR FOR CUSTOMER AND NOT UNDER THE SUPERVISION OR CONTROL OF LOWE'S. Customer agrees that the Installation Services do not include architectural/engineering services or structual changes to the Premises or any otherservices beyond the ordinary and:routine installation of the Goods as.specifically provided in the Contract.Customer is responsible,at Customer's cost,for providingany necessary architectural/engineering-services or structual changes to the Premises or any other services not specifically identified in this Contract. 4.GOODS. Lowe's will arrange for delivery of the Goods to the Premises.Any surplus materials upon completionn of the Installation Services shall be the property of Customer. 6. PRICE.The Price covers the Goods,Installation Services,and applicable taxes:Tlie Price assumes sound existing substructures,superstructure and points of attachments.The Price shall be increased by the cost and reasonable profit to Lowe's of having to provide additional Goods and/or Installation Services as a result of defective substructures, superstructures,or pointsof 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 Condition or the foregoing, Customer will execute 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 change 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'pennits then Installer will be responsible to Customer for obtaining'such.permits.Customers who secure.their own building hermits 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 rules, building codes, zoning ordinances or other laws and shall not be required to address or correct same. If prior to the completion of work a change occurs to any applicable safety rule, building code;zoning or- finance or other law.which req:,inns 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 ices 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 'ule,building code,zoning ordinance or other law that occurs after the completion of work. - 3. CUSTOMER'S WARRANTY AGAINST VIOLATIONS OF EASEMENTS,COVENANTS,AND THIRD PARTY RIGHTS.Customer warrants that performance of Installation Services will not violate any exist- ng real property easements,covenants,homeowner's association rules or rights of third parties holding an interest in the real property being improved. ). 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 :ondition") in the Premises'structure, substructure, super-structure or points of attachment,Customer must remedy the Undisclosed Condition at Customer's sole cost and expense and to Lowe's sole satis- action. If Customer refuses to permit inspection of the Premises as set forth below,Lowe's may terminate or rescind this Contract wilhcut remedy or recourse by,or further obligation to,Customer, except as :xpressly 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 owe'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 hat 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- ract 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 Contract prior to the earlier of delivery of the 30ods and the Installer beginning performance of the Installation Services, or (2) Lowe's may terminate this Contract without remedy or recourse by, or further obligation to Customer, except as expressly ,rovided 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 .owe'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 a refund r credit.Any such return must be made within 30 days after Lowe's terminates this Contract. Customer will be charged 15%restocking fee on any such returns. Goods not in their original, unopened condi-. on, and custom-made goods, may not be returned."Custom-made"goods include goods that have been uniquely altered color-matched,shaped,sized,cut or otberwize designed or fitted to accomodate the =quirements of a particular space or envlron'ment. Examples of custom-made goods include,but are not limited to cabinets,countertops,floor and wall coverings,andrwindow treatments. If Lowe's terminates tis Contract as provided herem;'Lowe s shalrhave 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 ondition. 0. 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 respomible for identi- �ing property lines. Customer agrees to ensure that work area are free of vermin and pre-existing physical or environmental hazards, and building/zoning code violations. Customer agrees to provide the In- taller 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 remises will not interfere with performance of the Installation Services.Customer agrees to provide power to,as applicable,climate control in,the work areas.Customer agrees not to allow unattended minors t the Premises while the Installer is present. Customer agrees to control and keep pets away from work areas. Customer agrees to keep posted permits on display at all times. Customer agrees that if.Cus- rmer 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 of 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 =comes aware of a problem. (Lowe's will attempt resolution of any claim(s)within sixty(60)calendar days of receiving Customer's notice.) CUSTOMER ASSUMES THE RISK AND THE FULL LIABILITY OF HYSICALLY ASSISTING WITH DELIVERY OF THE GOODS OR WITH PERFOMANCE OF THE INSTALLATION SERVICES. tore 1094 Project No. 293631874 for JOANNE JUDGE Page 5 of 7 STORE COPY 11. MANUFACTURER WARRANTY FOR GOODS/LOWE'S WARRANTY FOR.INSTALLATION SERVICEWLIMITATIONS OF LIABILITY.Customeris entitled to any warranty provided by a 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 contacting Lowe's, Lowe's does not warrant the Goods AND EXPRESSLY DISCLAIMS ALL WARRANTIES,EXPRESS OR IMPLIED,TO THE FULLEST.EXTENT PERMITTED BY LAW. Lowe's does warrant that the Installtion Services will be performed by the installer in a good and workmanlike manner. Lowe's warranty for Installation services shall extend for a period of one year fropi 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, or for such greater period as may be re- quired by applicable law governing consumer warranties for workmanship(the'Warranty Period"). LOWE'S WARRANTY THAT THE INSTALLATION SERVICES WILL BE PERFORMED BY THE INSTALLER IN A GOOD AND WORKMANLIKE MANNER DOES NOT COVER, 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 INFESTATIONIN 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.ANYOTHER WARRANTY TO THE FULLEST EXTENT PERMITT.ED:BY.LAW. - Customer acknowledges and agrees thatCustomer shall be limited to-seeking recourse or remedy exclusively from'L-owe's or the Installer(as applicable)-and'that-no affiliate of Lowe's shall have'any liiibility under;this Contract. Customer must give Lowe's written notice within the Warranty Period of any warranty-claim relating to Installation Services.Customer agrees that its sole and exclusive remedy against Low es for a warranty claim is reinstallation In a good an workmanlike manner,including the repair or replacement of any Goods if and tolhe 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.1N 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 TOOPERATION 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. o.142A. Most questions or complaints are resolved informally. If Customer has;a-question or complaint, Customer agrees1c,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 a complaint 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'tocourt 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 award statutory damages and/or reasonable attorneys'fees and expenses. If Customer fails to pay Lowe'sin accordance with this Contract, Lowe's shall be entitled to recover its reasonable attorney's fees as provided by N.C.Gen:Stan. Section reasonable or other applicable law.en 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 parry 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 ofthe.American Arbitration AssociaBo-i(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 claims court shall be resolved by arbitration as provided herein. Claims to be resolved by binding arbitration include, but are not limited to(1) all ,!aims 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 *!aims 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- )I 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,i7)all claims asserted by Customer individually against Lowe's and/or any of Lowe's employees,agents,directors,officers,shareholders, managers,members,par- ent 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 from or relating directly or in- lot s ly o the disclosure by Lowe's, related third parties or the Installer of any non-public Personal information:about Customer,'and/or If 1) all other claims arising under or related to this:.Contract whether or tot set forth above. � - 3inding 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 leek 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.Association.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 rdered by a Court or arbitrator(s)under this Contract and, in addition,that there shall be no joinder of parties,except for joinder of 1 P p I parties to the transaction covered this ermines the waiver e the right to class action arbitrator or the prohibition of joinder of parties (other than action in a the transactin covered by this Contract) obe by then this rtentiarbitrator e a arbitration tgreement shall be rendered null and void,and the party bringing such action will be required to bring such action in a court of law. 3y agreeing to binding arbitration Customer and Lowe's waive any right to bring or participate in a Class Action lawsuit regarding any claim.iow Arbitration Works: - - owe§*Ay.demand arbitration by sending written notice'to Customer at the address,listed in this Contract.Customer may demand arbitration-bysendinq wnttenr r'is to Lowe's at thetollowin address:Mail ode 2ELG; P.O.-Box 1000ually,agree. ,Mooresville;NC 28115 The arbitration shall be held in i4cdy or county wherelthe Premises are located or in:.such,other convenient location as the Customer and Lowe's may fiu I ' .owe's shall pay the filing, administrative;hearing and arbitrators-fees associated with the arbitration. Customer shall.not be required to reimburse Lowe s for�these expenses even if Lowe's wins the arbitra ion. 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 ws wins rb the Imely 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 imely r tion then C effect. he arbitrator's award may be filed with and enforced by any court having jurisdiction. 'allowed by statute or applicable law,the arbitrator may award statutory damages and/or resonable attorneys'fees and expenses.If Customer fails to pay Lowe's in accordance with this Contract,Lowe's shall e entitled to recover its reasonable attorneys'fees as provided by N.C.Gen.Stat.Section 6-21.2 or other applicable law. he 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 ,rbitration Act does not apply,then this arbitration agreement shall be goverened by the laws of the State of North Carolina. 4.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 ;tore 1094 Project No. 293631874 for JOANNE JUDGE Page 6 of 7 STORE COPY paragraph 13 above is governed by the Federal Arbitration Act, 9 U.S.0 Sections 1-16. If any provision-of the.Contract is contrary to any law to.which it is subject,such unlawful provision shall be ine$ective without invalidating the other provisions, which shall remain in full force and effect;except that,as stated in.paragraph 13, if the waiver of class action arbitration,or the prohibition of consolidation or joinder, is determined unenforceable,then the entire arbitration agreement in paragraph 13 will be rendered null and void. - 15. CREDIT CARD/FINANCED TRANSACTIONS. If Customer uses 2 credit card or obtains financing to pay some or all of the Price, then Customer acknowledges that the terms of his or her cardholder agreement or financing documents may change the total amount of money Customer must pay lc the credit card provider or lender,including any interest charges and fees.Customer acknowledges that Nis 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 parry 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 behalf of itself and any of the Installer's subcontractors,ma- terialmen or suppliers,as a condition precedent to payment by Lowe's on Customer's behalf,to fully and unconditionally relinquish,waive and release any and all mechanic's liens,materialman's lien and other Aiens it the Premises which the Installer_or its subcontractors,materialmen or suppliers:might 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 beyonJ"the reasonable control of Lowe's or the Installer shall be excused and shall not tie;breaches of this Contract. - - 18. ENTIRE AGREEMENT/CHANGES IN WRITING.Customer and Lowe's agree that this Contract accurately states the entire agreement between.Customer and Lowe's concemmg the Goods and Installa- tion Services and replaces and supersedes all prior agreements and understandings relating thereto, both oral and written, and all oral agreements and understandings entered into at thesame 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.CAPPONS.Titles or captions of sections contained in this Contract have been inserted only as a matter of convenience and in no way define,limit,extend,describe orotherwise affect the scope or mean- ing of this'onlract or the intent of any provisions hereof. - 20. ADDI' ONAL INFORMATION.All contractors and subcontractors must be registered by the Administator of the Board of Building Regulations and Standards.Inquiries about a contractor or �subcontracto,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. OUES'FIONS 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. 293631874 for JOANNE JUDGE Page 7 of 7