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16 TANGLEWOOD LN - BUILDING INSPECTION The Commonwealth of Massachusetts Board of Building Regulations and Standards Town of �y Massachusetts State Building Code, 780 CMR, 7"edition Building 1", ept Building Permit Application To Construct, Repair, Renovate Or Demolish a � One-or Two-Fancily Dwelling This Section For Official Use Only Building Permit Num er: q I Date Applied: � Signature: / ^/, b� UBuilding Commissioner/Wspector of Buildings Date SECTION 1:SITE INFORMATION 1.1 Property Address: 1.2 Assessors Map& Parcel Numbers r Ike okL r 1.1 a Is this aw accepted street?yes no Map Number Parcel Number 1.3 Zoning Information: 1.4 Property Dimensions: Zoning District Proposed Use Lot Area(sq ft) Frontage(ft) 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: Zone: _ Outside Flood Zone? Public❑ Private❑ Check if yes❑ Municipal ❑ On site disposal system ❑ SECTION 2: PROPERTY OWNERSHIP' 2.1 Owner'of Record: Nit C�dl'ttZ t6 �Ca�clewoo � av`e [� (Y4 Name(Print) Address for Sery e: 7,4 £5- -fYoFl- L0lo Signature Telephone SECTION 3: DESCRIPTION OF PROPOSED WORK'(check all that apply) New ConsWction❑ Existing Building❑ Owner-Occupied Illf Repairs(s) ❑ 1 Alteration(s) ❑ Addition ❑ Demolition ❑ 1 Accessory Bldg. ❑ Number of Units_ I Other ❑ Specify: Brief Description of Proposed Work': +wE.w v v`. w SECTION 4:ESTIMATED CONSTRUCTION COSTS Item Estimated Costs: Official Use Only Labor and Materials 1. Building $ ( Q 1. Building Permit Fee: $ Indicate how fee is determined: ❑Standard City/Town Application Fee 2. Electrical $ ❑Total Project Cost(Item 6)x multiplier x 3. Plumbing $ 2. Other Fees: $ F/ 4. Mechanical (HVAC) $ List: i-.2 !(2l 5. Mechanical (Fire $ Su ression Total All Fees:$ Check No. Check Amount: Cash Amount: 6. Total Project Cost: $ ( 14 9 ❑ Paid in Full ❑Outstanding Balance Due: Caw 94 K961 --o9117x-y a r r SECTION 5: CONSTRUCTION SERVICES 5.1 Licensed Construction Supervisor(CSL) '�` C1 10 2 bQ License Number Expiration Date Name of CSL-Holder EQw wP—t L_k ort94 List CSL Type(see below) Type Des tHr -c c ///�(7C� s V3o Addre�i�Y U Unrestricted u to 35,000 lion Cu. Ft. b n-P-QL/2� R Restricted 1&2 Family Dwelling Signature M Masonry Only G 17 - RC Residential Roofing Covering Telephone WS Residential Window and Siding SF Residential Solid Fuel Burning Appliance Installation D Residential Demolition 5.2 Registered Home Improvement Contractor(HIC) l 8 6 1 �p `S Now 2 C e v`TZn 'r C HIC Company Name or HIC Registrant Name Registration Number Po b3ax 1�ot1 MoC, S. le 1 UC 2R311S to t( � rod Addr y 6_ 707 q Expiration Dafe ��ature 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 FF SECTION 71b:OWNERt OR AUTHORIZED AGENT DECLARATION Ce_tA�P_ `& Z In C ,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. Print N � ey ore of Owner or Authorized Agent Date ' (Signed 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 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 I IO.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.) 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" STORE INSTALLATION SERVICFS CUSTOMER CONTRACT- MWORK- WINDOWS ® • i LOWE'S OF DANVERS, MA., STORE » 109 STORE PHONE: (978)646-9099 153 ANDOVER STREET SALESPERSON: DANIEL BUTCHER DANVERS, MA 01923 SALESPERSON ID: 662560 Document Print Date :06/19/2009 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 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." BEFORE 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 S ICustomer Name Home Phone MIKI CUDLITZ 978-740=1010 ® Customer Address Other Phone 16 T'ANGLEWOOD LANE L City State/Province Zip/Postal Code D SALEM MA 01970 Installation Address T 16 TANGLEWOOD LANE Installation City Installation State/Province Installation Zip/Postal O Code SALEM MA 01970 MERCHANDISE AND INSTALLATION SUMMARY MERCHANDISE SUMMARY 312148 : 35 1/2" X 33" : SOS : SOS TS 20 REPLACEMENT WND-EAST TC : 35 1/2" X 33VONE WIDE/DOUBLE HUNGS/3/4" : PELLA VINYL DIVISION - QTY 2 188895 : 34660032 : STK : 36" TRADEWINDS FV WHT-BRASS : 36" TRADEWINDS FV WHT-BRASS : LARSON COMPANY -QTY 1 Materials Price $ 783.88 Store-1094 Project No. 264146857 for MIKI CUDLITZ Page 1 of 7 z T P E COPY INSTALLATION DESCRIPTION Room : Kitchen 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 : No 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 : int.stops [2]wins Other Work Charge : Yes Comments : Would also like to measure for storm door. Labor Charges $ 450.00 Detail Deduction $ 35.0 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 $ 119g,g *SALES TAX $ 0.0 DELIVERY $ 0.0 ORDER TOTAL $1198.8E BALANCE DUE Work is to commence upon reasonable availablity of Contractor which is anticipated to be [fill in date]. Estimated completion date is [fill in date]. Store-1094 Project No. 264146857 for MIKI CUDLITZ Page 2 of 7 STORE C ? ;, 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 $1,000.00 OR LESS Customer must pay in full CQMPLETE THIS SECTION ONLY WHEN THE CONTRACT TOTAL EXCEEDS 1 000.00: j Customer to Pay in Full; OR [ j ustomer to use the following payment schedule: (1) Deposit$ _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 [J Deposit .ny/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 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. By: _ Date: T 's Home Centers. Ina Date: r Store-1094 Project No. 264146857 for MIKI CUDLITZ Page 3 of 7 STORE COPY Date -- ---- Soouse- — --- THE SIGNATURES OF THE PARTIES ABOVE APPLY ONLY TO THE AGREEMENT OF THE PARTIES TO ALTERNATIVE DISPUTE RESOLUTION INI- TIATED BY L WE'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 SIGNRV BY THE PARTIES. WITNESS OUR HAND(S) AND SEAL(S) BELOW THIS _DAY OF Lowe's Home Centers, Inca By: (Seal) Print Name: (Seal) Address Owner - - 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. 264146857 for MiKI CUDLITZ Page 4 of 7 S7 C C> s` TERMS AND CONDITIONS . 1."LOWE'S" DEFINED..Within this Contraco.(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 Customer's behalf to(a)arrange for the Installation.Services to be performed by an independent contractor(the"Installer")(licensed when leg- ally required), (b) issue a work order to the Installer to perform the Installation Services,(c) have the Installer's work inspected, should Lowe's in its discretion choose to do so(it tieing agreed that Lowe's has no obiligation to do so),and(d) pay the Installer after completion of the work and after receipt of a certificate,signed and dated by Customer,that the work has 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. CUSTOMER 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/engineeringservices or structual changes to the Premises or any other services beyond the-.ordinary and routine installation of theGoods as specifically . provided in.the Contract.Customer is responsible,at Customer's cost,for providing any 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 completion of the Installation Services shall be the property of Customer. ' 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 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 points of attachments or the existence of any other Undisclosed.Condition tas 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. _ .. 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 codas,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 obx&,In.such permits. Where Installer is required to obtain srich permits then Installer will be responsible to Customer for obtaining such permits.Customers who secure;heir 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 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 safely rule, building code,zoning or- 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 cost 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 further 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 Contract 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 without remedy or recourse by, or further obligation 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 a refund 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,cabinets,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 building/zoning 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 agrees not 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 on display 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 dale Customer first becomes 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 PHYSICALLY ASSISTING WITH DELIVERY OF THE GOODS OR WITH PERFOMANCE OF THE INSTALLATION SERVICES. Store 1094 Project No. 264146857 for MIKI CUDLITZ Page 5 of 7 STORE COPY 1, MANUFACTURER WARRANTY.FOR GOODS/LOWS'. LVARPAN i Y FOR INSTALLATION SERVICES/LINIITATIONS OF LIABILI tv C . : enuNetl to any warranty provided by a manufacturer of toc Goods sold under this Contract. The Installer will provide,' u. ,t.nner vw r, any manufacturer consumer warranty information accompanving me Goc Js. and Customer may also obtain such information b 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. y 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 from the earlier of (1) the date the Certificate of Completion.is signed by Customer of (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 r 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.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 BY LAW. - - 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 warranty claim relating to Installation Services. Customer agrees that its sole and exclusive remedy against 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 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 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 award statutory 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. Start Section 6-21.2 or other applicable law.To the fullest.-xtent permitted by law, Lowe's and Customer agree that no class action arbitration ofany 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- fcrmally,and which are not covered by M.G.L c'42A or subject to the jurisdiction of a small claims court, shall be resolved by binding arbitration conducted by a single arbitrator unmi,the current applicable rules,procedures and protocols of the American A,d ration Association(as amended).If the dispute falls wif�in the jurisdiction of a small claims court the claimant rrI 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 claims directly or indirectly related to the signingof 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 cr 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- 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- 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 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 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 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 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 attorneys'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 goverened by 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. 264146857 for MIKI CUDLITZ Page 6 of 7 0 F i Opy paragrapi atcve is wvc � �; by ecleraf Arbitration Act, 9 U.S.C. Sections 1-16. !t anv prop s un Dr the ua,.;is contrary to any law to which it is subject. srcri ur 'swtu _ „ ;ion 31'3 i oe ineffecnve- without inval dating the ones pi o is r�s ✓hich shall remain in full force and effect; except that. as.,ated Ir paragraph 13, if the waiver of class action arbitration,of the prohibition of �c.clida,�n or foindel, is determined unenforceable then the e tti arbitration agreement in paragraph 13 will be rendered null an;void. - - 15. CREDIT CARDIFINANCED TRANSACTIONS. If Customer uses a 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 to the credit card provider or lender, including any interest charges and fees. Customer acknowledges that his or her cardholder agreement orfinancing 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 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 liens in 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 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 that 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 understandings relating 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 inserted only as a matter of convenience and in no way define, limit,extend,describe or otherwise 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 registered 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. 264146857 for MIKI CUDLITZ Page 7 of 7 u,a A.. Lei UU1 .. The CONvMINweRlth ofMassachuaetrs Dgvrb rent aPndt Irw Acrwertus ? t2ftice of hvesdgafions 600 Washington Street Boston,MA 0211E www ffKMgov%hake Workers'CowpensadBn Insurance AfTidavit- !Builders/Contractors/Electricians/plumbers A i buzut Information ease 1print;Y. b MName(knusin&mV(>rguniiafion/Indlvidual)' �-�.�� Address: City/State/zip:�M k'hone#: Are ou an employer?Check the appropriate box Type of project(required): I am a employer.with 4. Q [.am a general contractor,and 1 6. ❑New construutiun employees(ball and/or part-trite),' liuve hired the sub-contractors 2.❑ 1 am a sole proprietor or partner- listed on the attached sheet. 7. ❑Remodeling ship3l1 - These ..x3 Yrxvc no � sub•cortuacton have S. ❑Demolidan ' working for mein any capacity, employees and have workers' 9. []Building 4514199p f No wo*ers'coup.insurance comp.Insurance. regtrired.l 5. We arc a corporation and its 10 0 Blectrical repairs or additions 3.❑ 1 am a homeowner doing all work officers have exercised their 11.0 Mrribin airs or additions Myself(No workers'comp. right of exemption per MGt. @ repairs insurance required.]t c.152,§1(41 and we have no 12.0 Root repairs employees,[No workers' 13_❑ Other comp.insurance required] *Any ap ucM sin[c web box fti a=also fill art the sccthm belm Aeowiog their woikwa'mngwnwHimr polity inforamrion. t H.orncowrxay who xuhmir!hie amdevit wMlcatlna they&c doing as work mid thm hire outside contractors must submit a new ul}idavit indicating such.. - - =C,mlrailths auucheck Fhi6 LVX ORIrL�tZbiHI�7fn8d�t10rlal-,SMxlFlmwmg Ilia fl[anE Crthc suti mid»lute wiieQieror net swat CMieceheve employees: if the sub-vonIIagotg bave:rnipbyecp di*MaL iiroyjde Main workers•can policy number - 1 am wt errtapet that i 4prnr i ding workers'comptsrraultort inartrarrcejor my einptop .Below&hake pahcy and Job site: lnformptinn. Insurance Company Natne: yy � r_/ Policy 11 or;9olf-Ins.Lie.#: lN� ►�) Expiration bate: Job Site Address: _ City/State/Zlp:_ . Attach n wpyof the workers'compensation policy declaration page(shgwite the policy number and expiration date). Failure to secure coverage as required under Section 25A of MCL,c. 152 can head to the imposition pr criminal penalties of a fine-up to S 1,500.00 and/or ono-year imprisonment;as well as civil penalties in the ram of a STOP WORK ORDER and a fine of up to S250M a day against the violator; lie advised that a copy.of this statem"may be forwarded to the Office of Investiicationsuf the l)lA for insurance—uc-mm verification S da hereby awl y"lrtrii?er the pains d peiznitles of pedury that the Lr,fnrsssi ion provided trbove is trite and comv4 Siariature: _ I/� Date• �r —? 1� Ofj"tt:ial rrxe onl)t Do ran"write uitlr6sereaIV bjr citp or tows ojJecwL- _ City or Town: Pt rreit/Licertsc# Issuing Authority(circle am). I.Board of Health 2. BuDdfog Department i.CitylTown Clerk 4.Blertrieal Inapector 5,Plrimbing Inspector C Other contact Perim. :.Phone Or. i 4I6 d 960l11a35UI 2800 028 8L6 54,1 76 96-Zl-800Z i — - a } ?r Y Jed i'S� 3 Lyr "n b License Type Home URprovement Contractor_ ,...^•"' x - fYesLictlon - m., Comp rty Lowe's Haines Centers Inc 1 . ' Name %evin Becker i Address P,o.Box 1000•Tax Dept . City,Stale.Zip mwewm.,HC,28115 Figuration Date 10/18/2005 Stwum ,All t ft / E t a r f A bs a L jYL 4 t hji {�4n4t 'Y'y5 Y' 4 k rs x T Ca 4 tpv7 4 f �r f ��#" u. 7r Board of Building r nu-'eala�l�aa9¢r.�exWelG Regulations and Standards HOME IMPROVEMENT CONTRACTOR r Registration: 102957 Expiration: . 7/3l2010 Tr# 271114 Type: Private Corporation ���r + +' crE`R�? yai _GREENE INSTALLATION CO w &' Ronald Greene 165 Bow Street Ishc Everett,MA 02149 Admin - ✓/"d i`�'mmi g`�lt` Boar o m m e o ati s and tandards Construction Supervisor License License: CS 61719 - a Birthdate 1 012 7/1 9 4 4 t ;p`( .f `x' Expiration' 10/27/2009 Tr# 4892 -' Restriction• 1G - . f � j :i RONALD.A GREENE - < 10 RITA'DRIVE .C�;7—_ - - MEDFORD,MA 02155 1' - Commissioner A � t 1.