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8 WHALERS LN - BUILDING INSPECTION s The Commonwealth of Massachusetts Board of Building Regulations and Standards rOR. Massachusetts State Building Code, 780 CMR, 7'" edition MUNICIPALITY USE. Building Permit Application To Construct, Repair,Renovate Or Demolish a RevisedJonuory One- or Twp-Family Dwelling 1, 2008 ' I This Section For Official Use Only tBuildinllPermit Number- _ Date Applied-inat ,e: _ s lBuilding Commissioner/ spector ofBuildings Date SECTION ]:SITE INFORMATION 1.1Pra4e `� rty Address: 3.2 Assessors Map& Parcel Numbers 1.i a Istliusanacceputd street) yeses no Map Nwnber - ,Parcel Numbef 1.3 Zo� inglnformation: - 1,4 Property Dimensions: . Zoning i Istria Proposed Use Lor Area(sq h) Frontage(h) I.S Bu11lding Setbacks (ft) Ermii Yard ~ Side Yards Rcar Yard Req�ired Provided_ Required Provided Required- - Provided 1.6 Wa er Supply: (M.�.L c. 40,§54) 1.7 Floor] Zone Information: 1.8 Sewage Disposal System: . ` Zona: Outside Flood Zone? Public Private — Mi}nicipat O On siie disposal system°❑ „ Check if ycsO - SECTION 2: PROPERTY OWNERSHIP' 2.1 0 ner' of Record ' V. e �l _ ssual�. hs \e. t:e �3.�v.�MKbtR� Name( rint) Address for Service: - _ I I s--7Kf - lyssa Signatu e Telephone . SECTION 3-..DESCRIPTION OF PROPOSED WOT2Kz(check all that apply) 1.1 elC Ia t ti= ❑ Ext,t�ng niuldiur 0 nei ' rp: Rlep=s(q E! M1; .stn'15l C A I, ic, 13 mol Linn ❑ \ccessney Bltl;..LZ Wtmiber of I,htits be CJ tilucii+ _ ' Brief SECTION 4: ESTIMATED CONSTRUCTION COSTS item Estimated Costs: Official Use Only (Labor and Materials) I. Bui ding s 1. Building Permit Fee:$ Indicate how fee is determined , —"— 2. Ele trical $ O Standard CitylTowa Application Fee - . —.... 0.Total Project Costa (Item 6)'x multipliers x 3.+ha g $ 2. Other Fees: $ 4. cal (HVAC) $ ListS. cal (Fire $Sn} Total All Fees: $ Check No. Check Amount: Cash Amouri 6. To ial Project Cost: s 0 Paid in Full CI Outstanding Balance Due; _ ' 1 SECTION 5: CONSTRUCTION SERACES 5.1 L cerised Construction Supervisor (CSL) - -' �..SL_�_�5:��, .— LicenscNumber Name fCSL- Holder - ', ( T � S �-(. L1 )_ _ j List CSL Type(see below)�� r `aV�.. Addie - a t Y6'6 Tye . Deseri,uon U Unrestricted(up to 35,000 Cu.Ft. " Signat re R Restricted 1&2 Family Dwelling _t2, � 3 2.—a 35.2. - M Mason. Onl RC Residential Reefing Covering Telephone WS Residential Window and Siding SF Residential Solid Fuel,Buminp Appliance Installation D Residential Demolition S.2 Registered 110 e Improvement Contractor (IIIC) HIC k_jOnlpany Name or HIC Registrant Name '" Registration Number " h o e_r Tb t.ut>4�5. M.F� o142"z .. Signatilure Telephone _ i SECTION 6: WORKERS' COMPENSATION INSURANCE AFFIDAVIT (M.G.L.c.152.§ 25C(f)) W or ers Compensation Insurance aff sdavit must be completed and submitted with this application. Failure to provide this a"fidavit will result in the denial of the Issuance of the building permit. Sign Affidavit Attached? Yes .......... E No ........... ❑ SEC ION 7a: OWNER AUTHORIZATION TO BE COMP./-ETED UyEEN OWNER'S AGENT OR CONTRACTOR APPLIES EOR BLIZLI}IICs FRR1tiI3T I, as Owner of the subject property hereby suth eine to act on my behaif,triallmatters - elati;(ve to Work authorized by this building perms[application. I Si n ture of Owner Date - - j SECTION 7b: OWNER' OR AUTAORIZED AGENxA LnItAnON i. ©v..s L'-� V::.a? t�._e ih.�e F S.' v::C. as'O.mie nr Atillnuved Agtp.nI hPrPhv rYeciA.te that he sl vt`en Gals end tnft. ntalion on the iorecoin�g applieatiblr ate nuc:and accurate,to the best of my 3u o�Oedge and belialf. Frim iJainc ' S1g et of Owner or Authorized Agent Date Si ed under the pains and penalties of perjury) 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(HSC)Program), will not have access to the arbitration program of guaranty find under M.G.L. c. 142A. Other important information do the"HIC Program and Construction Supervisor Licensing(CSL)can be found in 780 CMR Regulations 110.R6"and'110.RS,"respectively. 2- When substantial work is planned, provide the information below: - Tot 1 floors area(Sq. Ft.) (including garage, finished baa,_ attics,decks ar porch) - " Gro s living area(Sq.Fr} Habitable room count _Number of fireplaces Number of bedrooms No ber of bathrooms_ Number of half/baths Type of heating system Number of decks/porches Typle of cooling system Enclosed Open 3. "Total Project Square Footage" may be substituted for"Total Project Cost" STORE COPY INSTALLATION SERVICES CUSTOMER CONTRACT- MWORK - WT/EXT/PATIO • N AREA DOOR LOWE'S OF DANVERS,MA., STORE'# 109A STORE PHONE:(978)'646.9099,, 153 ANDOVER STREET SALESPERSON: RICHARQABEND OANVER .r_ MA 01923 7SALESPERSOWD654254 Document Print pate,;04/13/2009 This is onlya Quote for the merchandise and services punted 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' RFFORE 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 PETER KELLETT 978-741-1853 O Customer Address Other Phone 8 WHALERS LANE L City State/Province Zip/Postal Code D SALEM MA 01970 Installation Address -- T 8 WHALERS LANE Installation City installation State/Province 'Installation Zip/Postal Code SALEM MA 01970 MERCHANDISE AND INSTALLATION SUMMARY MERCHANDISE SUMMARY 46186 : 748171024585 : STK : PELLA PATIO SCR RH PCS7281 OXSCR : PELLA PATIO SCR RH PCS7281 OXSCR : PELLA CORPORATION - QTY 2 46521 : 748171024608 : STK : PELLA PATIO SCRLH PCSW728181XOSCR : PELLA PATIO SCRLH PCSW728181XOSCR : PELLA CORPORATION - QTY 2 100693 : 748171025001 : STK : 72X81 PELLA SLIDE PATIO OX LO-E : 72X81 PELLA SLIDE PATIO OX LO-E : PELLA CORPORATION-QTY 2 100694 : 748171025032 : STK : 72X81 PELLA SLIDE PATIO XO LO-E : 72X81 PELLA SLIDE PATIO XO LO-E : PELLA CORPORATION -QTY 2 ___-"--Materials Price .... --- _ _. $-3928.00 Store 1094 Project No.258709410 for PETER KELLETT Page 1 of 8 STORE COPY INSTALLATION DESCRIPTION Stock or SCIS : Stock _ DoarType : Patio Select Location : Side Door Select Ne=w Door : Sliding - Side Lights or Transoms : Na 9 Hidden Demage Description`None Number of additional holes bored for accessories: None Install Specialized Mortise Hardware : No Stack or SOS : Stock Door Type : Patio Select Location : Side Door SelectNe w Door:Sliding Side Lights or Transoms : No Hidden Damage Description.: None Number of additional holes bored for accessories : None Install Specialized Mortise Hardware: No Stock or SOS : Stock Door Type : Patio Select Location : Side Door Select N&w Door : Sliding Side Lights or Transoms : No Hidden Damage Description :'None ` Number of additional holes bored for accessories: None Install Specialized Mortise Hardware; No Stock or SOS : Stock Door Type : Patio Select Location Side Door Select Ne=w Door :Sliding Side Lights or Transoms : No Hidden Damage Description.: None' Number of additional holes bored for accessories : None Install Specialized Mortise Hardware: No Total Linear Feet of Custom Trim to be Installed : 0 Deliver Daoor: 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 Describe,Other Work Needed: Difficult accestcustom exterior salvage inteterior Other Work Charge : Yes Comments : Measure for 4 pella patio sliders (stock) Labor Charges $3077.0 Detail Deduction -$ 35.0 Additional Specificati ons: Notation: Lowe's will not make structural modifications, paint or stain or remove/reinstall siecurity system equipment. Customer is responsible to advise ifprop- erty is governed by Historic District Regulations. Additional Specifications: The Environmental Protection Agency (EPA) has requested that Lowe's notify insotallation customers that a lead based paint hazard may exist in dwellings built prior to 1978. See pamphlet EPA 747-K-99-001 for details. Store 1094 Project No. 258709410 for PETER KELLETT Page 2 of 8 ` STORE COPY { :TOTAL CHARGES OF ALL MERCHANDISE AND SERVICES •where,applicable labor is taxabls,check local tax restrictions UB $6970.6 $6970.6 "SALES TAX $ 0.0 DELIVERY $ 0.0 ORDER TOTAL $6970.0 BALANCE DUE. Work is to commence upon reasonable availabi iiy of Contractor Which is anficipaled to be LID ,[fill in date]. Estimated completion date is_t ' - ,.__[fill'in date]. _ NOTICE TO CUSTOMER ' j 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 COMOLETE THIS SECTION ONLY WHEN E CQNTRACT TOTAL EXCEEDS 1 0 0. Customer to Pay in Full; OR [_] 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 patid 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 Ll 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 up on 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.P_AGE(s)._BY SIGNING BELOW,YOU ARE ACKNOWLEDGING_THAT YOU,HAYE_READ,. _ __ Store 1094 Project No. 258709410 for PETER KELLETT Page 3 of 8 STORE COPY 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 GLAIMS`COVERED BY M G L c t42A 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 TOA PRIVATE ARBITRATION SERVICE WHICH HAS BEER7 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-, BITRATJON ASPROVIDED IN M.G.L c.142A. By. K Date: I, Lowe'sHome Centers. Inc. Date: Owner BY: Dater Spouse THE SIGNATURES OF THE PARTIES ABOVE APPLY ONLY TO THE AGREEM NT OF THE PARTIES TO'ALTERNATIVE DISP TE RESOLUTION INI- TIATED BY LOWES PURSUANT TO M.G.L. c.142A. THE OWNER MAY BE PERMITTED TO INITIATE ALT RNATIV DISPUTE RESOLUTION EVEN WHERE THE SECTION ABOVE IS NOT SEPERATELY SIGNED BY THE P RTIE . WITNESS OUR HAND(S)AND SEAL(S) BELOW THIS DAY OF Z , Lowe's Home Centers, Inc. n // By. � X (Seal) Print Name: Y� t e-k Axd 44 � e w�o 153 AmDoLierz- _ST Address � - Owner (Seal) ANV✓s AS �� � 112-1 1 ,ig3ti! ! 4tQ-/L 7-r City State/Province Zip/Postal Code print Name Spouse - (Seal) Store 1094 Project No. 258709410 for PETER KELLETT Page 4 of 8 a STORE COPY Print Name - .p customer.acknowledges receipt of atrue copy which was completely filled in prio-r to Customer's execution hereof. You the customer may cancel-this transaction , at.any time prior to midnight on the third business day after after the date of this transaction.'See the attached Notice of Right to Cancel-for an explanation of this right. Store 1094 Project No. 258709410 for PETER KELLETT Page 5 of 8 STORE COPY TERMS 'AND ,CONDITIONS L"LOWE'S" DEFINED. Within this Contract(as defined on page 1),the term Lowes shall refer to Lowe's Home Centers Inc,a North Carolina corporation , - ?.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 shelf pay for, the,services to install the Goods (the Installation Services") in,or on the premises-identified on the face of this Contract'(the "Promises") for the Order Total >tated 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 :orrespondence�advertisements,estimates:or other doduments thatara not attached. _ " � . 3. INSTALLATION-SERVICES. Customer authorizes Lowe s on Customer's behalf to(a)arrange for the Installation Services to be performed byian independent contractor(the"Installer)(kcensed when leg- ally required), (ti)-issue a work order to fhelnstaller-to perform the Installation Services,'(c)have the Installers work.inspected,"should Lowe's in its discretion choose to dose(it being agreed that.Lowes has io�obiligatwn to;do so),and(d)pay thelnstaller aftercompletion of the work,anis after receipt of a certificate,signed and dated bi Customer,'that the work has,been satisfactorily completed(the''CefOficate.of- Completion').,Customer understandsfhat Lowe's will rely upon the Certificate,of-Completion in paying the Installer for'thednstallation Services.CUSTOMER AGREES THATTHEINSTALLER.WILL PER FORMTHE INSTALLATION SERVICES�ACTtNG 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 changestothe Premises or any other services beyond the ordinary and,routine installation of the Goods as specifically, provided inthe Contract Customer is responsible,at.Customer's cost,for providing any necessary archilecturaVengineering services or structual changes to the Premises or any other services not specifically identified in this Contract. .a - - . . .. 4.GOODS:Lowe'swilf arrange fordeliveryot the Goods tothe 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 (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,paymentof 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 adeposit upon execution of.this Contract equal to one-third:of the Price. Customer agreesto 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 ServicesandCustomer'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 beingperformedin 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 responsible to Customer for obtaining such permits.Customers who secure their own building perm its.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- 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 Installs- to n 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. - 6.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 anysecuritysystem 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 otherresultingcharges.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 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. 258709410 for PETER KELLETT Page 6 of 8 STORE COPY 11. MANUFACTURER WARRANTY FOR GOODS/LOWE'S WARRANTY FOR INSTALLATION SERVICES/LIMITATIONS OF.LIABILITY.Custm oer is entitled to any warranty provided by a manufacturer of ' .he Goods sold under thisContractThe Installer will provide Customer with any manufacturer consumer warranty information accompanying.the Goods, and Customermayalso obtain such information by ;ontacting Lowe's. Lowe's does-not warrant the Goods AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS:OR IMPLIED,TO THE.FULLEST-EXTENT PERMITTED BY LAW.' _owe's does warrant that the instailtion Services will be perform ad by the installer in a good and.workmanlike manner. r Lowe's warranty for Installation servicesshall extend for period,of one year from.the aarlier of(1) the date the Certificate ohCompletion is signed by Customer or(2)the:date that Lowe's determines-that the Installation Services have been completed, or for suchgreater 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 N A--GOOD AND WORKMANLIKE MANNER DOES NOT GOVER,.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. r { Customer acknowledges and agrees that Customer shall be limited to seeking recourse or remedy exclusively.from Lowe's or the Installer (ad applicable) and that no affiliate of Lowe's shall have any liability under this Contract.:Customer must give Lowe'swritten-notice within the Warranty Period of any warranty.claim relating to Installation Services. Customer.agrees that its sale 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 thedefective Installation Ser- vices: CUSTOMER er-vices:-CUSTOMER SHALL HAVE NO OTHER REMEDY FOR AWARRANTY 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 andr.Ithe managerof the Lowe's store where Customeentered into this Contract. If Customer has a complaint which cannot be resolved informally, The Home Jmpovement 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 recmver 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 coveredby this Contract. If a court or arbitrator determines the waiver of tneright 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 whichcannot:be resolved in- formally,and which are notcoveredby M.G.L. c.142A or subjec3 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 alai ms 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 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 th is 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,another intention- al torts, (5) all claims based upon a violation of any state or fed eral 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 eus"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, If 0)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 It 1) 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 fromany other agency.Any claim not decided by a small claims court will bedecided 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 wai-ve 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 expertwitness 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 6y N.C. Gen.Stat.Section 6-21.2 or other applicable law. The parties agree that this arbitration agreement is made in con nection with a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act,but it for any reason the Federal -Arbitration Act does not.apply,then this arbitration agreement sh all be ggverened by the laws of the State of North Carolina. _ 14.GOVERNING LAW AND SEVERABILITY.This Contract shall be interpreted under and governed by thelaws of the State of North Carolina except that the ArN ratioh Agreement and Waiver of Jury Trial in Store 1094 Project No. 258709410 for PETER KELLETT Page 7 of 8 STORE COPY oara rah 13 above is governed by-the-Federa I Arbitration Act 9U.S C. Sections 1-16.1f any prowsion'of the Contract is contraary to any law to which it subject,such unlawful provision shall be ineffective 9 P without invalidating the otherprovisions,which shall remain�infuli force and effect,except that,as stated in paragraph 13,if the"waiver of class action arbitration,or theprohibition of consolidation or joinder;is determined unenforceable,then the entire arbitr-ation agreementin paragraph13will be"rendered null and Void. _- 15. CR EDIT CARD/FINANCED'.TRANSACTIO-NS. If Custo mer uses acredit card.or obtains fmancing.to pay some`or all of the Price t heq.customer acknowledges that the terms of his or her cardholder agreement or financing documents may change-the total am ount of money Customer must pay tc the credit card provider or lender,mcludi.rig any interest charges and fees Customer acknowledges that his or her caralholder agreement or financing documents may have-other terms and conditions to which Customer will be subject Customer also acknowledges that Lowes is not a party to any such cardholder or fin- _ ancing .agreement: - 16.WDwiVER'OF LIENS.Because re=sponsibility for paying the Installer on Customers behalf belongs to Lowes,Lowe's will require the,Ins=taller on behalf of itself and any,of the Installers subcontractors,me arialmen.or suppliers,as a condition precedent to payment by Lowe's on Customers behalf,to fully and unconditionally relinquish,waive and release any and all mechanics liens,-matenalman's lien and other liens in the Premises which the Insta Ilei or its subcontractors;:materialmen or suppliers might have or acquire in the future,by opoeration of law orotherwise,as a result of this Contract ' 17. UN AVOIDABLE DELAY OR FAILURE IN PERFORMANCE EXCUSED. Any delay or failure by Lowe's or the installer.in performing tthis'Contract because of stike, fire flood,'..epidemic,acts of terrorism,- acts of God, inability to obtain Goads in a timely or commercially feasible manner,or any other causes beyond.thereasonable control of[Lowe's or the Installer shall be excused.and shall not be breaches of this Co ntract. -_- •' 18. ENTIRE AGREEMENT?CHANGES IN WRITING.Customer and Lowe's agree that this Contract accuratelystates the enhr�agreeme nt between Customer and Lowes concerning the Goods and Installa- tion Sei,rvices and replaces and supersedes all prior agreements and understandings relating thereto, bothoraland written, anal all oral a=greements 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 Cus=tomer 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 Contractor the intent of any provisions hereof. 20. AD-DITIONAL.INFORMATION.All contractors and subcontractors must be registered by the Administator of the Board of BuiUding 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)1 21. QUESTIONS OR CONCERNS.Customer should speak with the Lowe's salesperson whose name appears on.this Contract and the meanager of the Lowe's store where Customer entered this Contract re- garding routine matters such asscheduling, any requested changes to.Customer's order,or any concerns Customer may have about this(Dontract,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. 258709410 for PETER KELLETT Page 8 of 8 x �$ p � Y r License Type Home imprp ent Contractor 4 14M FestrictSpti sib Company Lowers Homes Centers Inc Name Yecin Becker r . Address P,o.Box 1000•Tax Dept. s? City,State,Zip MwesvBAer NC,28115 -Z, ' Expiration onto 1atH/2069 5uua Garent x G a L ' ��e iG�erFrrororrrue2l/� o` !l�.rzJJac�uJel�S' >r�' Board of Building Regulations ant',Standards -- �� HOME IMPROVEMENT CONTRACTOR Registration: 133414 Expiration:- 6/27/2009 Tr# 131320 - Type: DBA RONCO CONSTRUCTION § ..s RONALD WACHLIN 12 TUCKERS CT. PEABODY,MA 019601 Administrator' � x o t a r Y^ -Board of Building Regulations and$[andards - 4 T Construction Supervisor License - r� Y q.. . M1 License: CS 71187 Birthdate. 8/4/1972 Expiration Tr# 1639 614/2009 _ - =' Restriction:-00 - - RONALD E WACHLIN - 12TUCKERSCT'3RDFL '• . "�' �f� a PEABODY,MA 01960 ' Commissioner - t FROM :RDNCO CONSTRUCTION FAX NO. :19795323341 Sana 14 2009 06:21PM P1 I 01-13-90 02;oopm From-AIG 473 331 9699 T-932 P-001/02 -_IF-191 I ,CAI r '{@c f�� �.�,�py �i, nn 6 It Imam PRODUCER THIS CERTI ICA IS ISSUED AS A M TTER OF INFORMATION ONLY AND CONFERS NO RIGHTS U N THE CERTIFICATE Woods Na inaufftee Agency Inc HOLDER, THIS CERTIFICATE DOES N TAMEND,EXTEND OR PC Rox 353 ALTER THE COVERAGE AFFORDED S THE POUCIES IOW Peabody,AAA 07866-6558 DCMPA ES.AFF ©IM INSURANCE, COMPANY A GRANITE STATE IN URANCE COMPANY INSURED Ronald Weahlin 12 Tuckera Ci Peabody.MA D1854.5218 + I COV RA 8 THIS IS To CERTIFY THAT THE POLICiES OF INSURANCE LISTSD BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOT WrTHSTANOINO ANY REQUIREMENT,TERM OR CONDITIO 1 OF ANY CONTRACT OR OTHER 00CLIMIENTWITH RISPECT TO WHIOH THIS CERTIFICATE MAY 00 ISSUED OR MAY PERTAIN,Tt INSUFiANORAFFORDEDTHR' r POLICIES D$SORISED WREN IS SUBJECT M ALL THE TERva,EXCLUSIONS AND CONDITIONS F 9110H POLICIES.LIMIT$SHOWN i, MAY HAVE BEEN REDUCED BY PAID CLAIMS. i A na EMPIovERa�tiDiertY - EPROPNISTDR! LIM1" PANTNBRSISAECU'NVE OFfICERSANp' 1;: ae Arxa p 4879424 1012812008 10t291200 T"nilmma ITMR WWOUS APPIRR 10 MA DWAgene CAN, kCMAcc SNT $ 1600 NSEASS p LIGYEIMIT - $;506 $ P OPERAT NSlUENIQLESI$ E TT . . 7 E!THE WCRKERS COMPENSATION POUCY DOE$NOT PROVIDE COVERAGE FOR RONALD ACHL(N. i CERTIFICATE HOLDER CANCELLATION LOVES COMPANIES INC SMDLAAANYOF THE AILn I)MINIED PDUDIES 6EDANDSLLE SWORE YME # IS INSURANCE ExPIRAVONDAIAI IEREOP,THEIDGUINOaOMFANTwnLENO NTOxrA612 Posoxi711 MYS wRD rd RDTtCE TDTNq CQtTIFkATd MDViER NAMED Y6 WFT,8UT NORTH WIL08SORD,NO 28666 FAAVP*'W MAIL SUCM NMU SMALL IMPDSS ND OS LIGATION C LLASILITY OF _ ANY ICND UK"TNaCOMPANY.06ACISCM OR NEFRSAENYR S. - f' e. AUTM RIZEA REPRESENTATIVE I I I s The Commonwealth of Massachusetts Departtnent of Industrial Accidents Ofce oflnvestigadens 600 Washington_Street Boston,SMA 02111 wsvwmassgavfdtai WaelSers'Campgnsation Iugarance Affidavit Snilders/Contractors/Eleciriciaus/Plumbeis I � A lican#Iofor>ma5on Paso t i i- Name(I unmtesdOrgani-ratiw ftdividuiily� �`.di LO G6 S r��41 TSG /�'"'�afL t;t1R°4Nr Address. ),g TL)e )QrC-S G p � City/State/Zip: i Are you an employer?Cheek the appropriate boa:. Type of project(required): ' 1,(,� I am a em to ar with 4. ❑1 am a general contractor and t p Y 6. �Now construction I 1 employees(full and/or part-time).? have hired the sub-contractors ` 2. I ams sole pmprietar or paYmei- - listed on the attached sheer.l - 2' ©1`ei>xrdeting { ship and have no employees These sub-contractors have 8:,❑Aemolilion - I' working forme in any capacdty._. wrgkers'comp.insurance,- 9. Q Building addition V ` I 8 (No,workers'comp.mamance S ❑We are a corporation and its 10.0 Electrical repairs or addztiOns' '' a regruted.] officers have exercised their F 3.❑I sin a homeowner doing all work right of exemption per MOL Id.O Plumbing repairs or addiri"ns :: 1 myself.[No workers'comp. c.152,§1(4),.andwe have no, i2.�-Roof repairs. .. j insurance required.]t employees.[No workers' - - comp,insurancerequned.] °Any applicant aut checks box#1 mas dw fill dm the section bdow shounng Char ivorkus'oompeos3tiaupobcy ihfoimanoa. . � . iNomeawacs wlw subent nus 8ifidant:Mieaun$thryarodaing an wink and tbwhveows;dewMutmsman submna naw aYGdavnmdicarioa5aeh.,l P.; tConvacrors Na[nheckthis box mug a[mched anaddiuonai sheet Stmw�ng tfictmme oftlie Sub-conirecros9eM tlmir workees'comp policy uSoraufimv,[ t 1' 1 ata err employer that is providing wor§as'¢a ttpensaHon iiuuranee far my ewes 'Bylaw is tbepo&yy;axd job information. `.. Insurance Company Name: "Policy#of Self--ms Lie.#: nation, 0: i �".. Sob site'Addtess , . City/Statel2ip•:. . Attach a copy of the workers'compensation policy,deciaratiou page(showing the policy number and espiratioadai J, - { Failure to secure coverage as required under Section25A of MGI.c:I52 can Iead to rho imposition of cruoinat penalties of a fine up to$1,500.00 and/or one-year iotprisomnent;as"well,as civil penalties in the form of a STOP WORK ORDER and al fine of up to$250:00 a day against the violator. Be advised that acopy of this statement mak be forwarded to the-Office of Investigations of the DIA for insurance coverage verification.. 1 do hereby certify under the pains and peimbies ofperimy that the irdbrmatio i provided above is tare and 6o�rcecG . L � - signature:- .I.` Phone# . EOthr - Contact niy. :Do not svrfre in this area,ro bocompte[ed by city ar towa o,jj"raiaL . - PerntiULiceiwe# , ority(circle one): - ealth 2.Building Department 3,City/Towo Clerk 4_0ectrical Inspector 3.Plumbing Inspector on: Phone.#: i { i c APR-22-2009 WED 01 :34 PM APT FINANCIAL SERVICES FAX N0. 7819354289 P. 02 American Properties Team, Inc. TO: Mr. Peter Kellett 8 whalers Lane Salem,Ma 01970 FROM: Nancy Cahill, Property Manager RE: Replacement Sliders—Sanctuary Condominiums DATE: April 22, 2009 1 am pleased to advised,that the Board of Trustees for the Sanctuary Condominiums, approved your request to replace your sliders,providing that they match in appearance from the existing,they must slide and not open like a French Door, and can fit in the existing opening. They will not allow grids etc. We also require the permits be pulled in advance, and that a copy of the final approved permit once completed is also submitted to our office. We also require that you hire only a licensed contractor, with adequate insurance. You will most likely need to show a copy of this letter to the Building Department. Should you have any questions or require additional information, please feel free to call me directly at(781)932-9229. 500 WEST CUMMINGS PARK 9 SUITE 6050 • WOBURN • MA • 01801 • 781.932-9229 • FAX 781-935-4289