2 BORDER ST - BUILDING INSPECTION (3) The Commonwealth of Massachusetts
Board of Building Regulations and Standards CITY
Massachusetts State Building Code, 780 CMR, 7s' edition OF SALEM
Revised January
Building Permit Application To Construct, Repair, Renovate Or Demolish a 1, 2008
One-or Two-Family Dwelling
This Section For Official Use Only
Building Permit Numb e Date Applied: (7
Signature:
Buildiirg Commissioner/Inspector of Buildings Date
SECTION 1: SITE INFORMATION
1.1 Property Address: 1.2 Assessors Map& Parcel Numbers
2 Sot , sEt,,eF
1.1 a is this an accepted street?yes no Map Number Parcel Number
1.3 Zoning Information: 1.4 Property Dimensions:
Zoning District Proposed Use Lot Area(sq 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 S.stem:
Public❑ Private❑ Zone: _ Outside Flood Zone? Municipal ❑ On site disposal system ❑
Check if yes❑
SECTION 2: PROPERTY OWNERSHIP'
2.1 Ow er of R cord:
!_ t, <e c� 2 Bbrcl er r<e�
e(Print) Address for Service:
q 78-'74 S- 394 7
Signature Telephone
SECTION 3: DESCRIPTION OF PROPOSED WORK (check all that apply)
New Construction❑ Existing Building ❑ Owner-Occupied ❑ 1 Repairs Alteration(s) ❑ Addition ❑
Demolition ❑ Accessory Bldg. ❑ Number of Units I Other ❑ Specify:
Brief Description of Proposed W ork2:
SECTION 4: ESTIMATED CONSTRUCTION COSTS
Item Estimated Costs: Official Use Only
Labor and Materials
1. Building $ '�rjrj -- 1. Building Permit Fee: $ Indicate how fee is determined:
2. Electrical $ ❑Standard City/Town Application Fee
❑Total Project Cost' (Item 6)x multiplier "11'x
3. Plumbing $ 2. Other Fees: $
4. Mechanical (HVAC) $ / List:
5. Mechanical (Fire $ i
Su ression Total All Fees: $
Check No. Check Amount: Cash Amount:
6. Total Project Cost: $ 1 2 5S ❑Paid in Full ❑Outstanding Balance Due:
�,bl'e L--;'A/ �' L.
SECTION 5: CONSTRUCTION SERVICES
5.1 Licensed Construction Supervisor(CSL) -7 1
I q 1
gU4 �J4CWIn License Number Expiration Date
Name of CS1 Holder
List CSL Type(see below)
k. QO. 661V MA o196a
/!
Address — T Description
i1 � `�� U Unrestricted u to 35,000 Cu.Ft.
!� [ �. G` R Restricted I&2 Family Dwelling
Signature
q 7$— 53a�� M MasonryOnly
RC Residential Roofing Covering
Telephone WS Residential Window and Siding
SF Residential Solid Fuel Burning Appliance Installation
D Residential Demolition
5.2 =red Home Improvement Contractor(HIC)
HIC Company ame or IC Re is ant ame Registration Number
I� T.,c�ers ct a196o -
Addr
(I 7
Expvati nDate
Signature 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, J;1! MCY! d✓)(a as Owner of the subject property hereby
authorize h1gA16 to act on my behalf,in all matters
Laretive to work authorized by this building permit application.
zure of Own r Date
SECTION 7b: OWNER' OR AUTHORIZED AGENT DECLARATION
I, �pn �Q�Nn��I1 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.
?riV lck LOOL(JAII6
Priin?tme
Signature of Owner or Authorized Agent Date
(Signed under the pains and penalties of a 'u )
NOTES:
1. An Owner who obtains a building permit to do his/her own work, or an owner who hires an unregistered contractor
(not registered in the Home Improvement Contractor(HIC)Program),will not have access to the arbitration
program or guaranty fund under M.G.L. c. 142A. Other important information on the HIC Program and
Construction Supervisor Licensing(CSL)can be found in 780 CMR Regulations 110.R6 and 110.R5,respectively.
2. When substantial work is planned,provide the information below:
Total floors area(Sq.Ft.) (including garage,finished basement/attics,decks or porch)
Gross living area(Sq. Ft.) Habitable room count
Number of fireplaces Number of bedrooms
Number of bathrooms Number of half/baths
Type of heating system Number of decks/porches
Type of cooling system Enclosed Open
3. "Total Project Square Footage"may be substituted for"Total Project Cost"
The Commonwealth of Massachusetts
Department of Industrial Accidents
Office of Investigations
Ulf 600 Washington Street
Boston, MA 02111
www.mass.gov/dia
Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers
Applicant Information Please Print Legibly
Name (Business/Organization/Individual): '9=1 ,p aat ry�q�@�9 �o B7tb�Yt1 p �
Address: 12 TucYK Z;�•
City/State/Zip: T-etab®a4 AAA o 110 Phone #: $3 a— (73 5 2.
Are you an employer? Check the appropriate box: Type of project(required):
1.❑ I am a employer with 4. ❑ I am a general contractor and 1 6. ❑ New construction
employees(full and/or part-time).* have hired the sub-contractors
2 1 am a sole proprietor or partner- listed on the attached sheet. t 7. ❑ Remodeling
ship and have no employees These sub-contractors have 8. ❑ Demolition
working for me in any capacity. workers' comp. insurance. 9. ❑ Building addition
[No workers' comp. insurance 5. ❑ We are a corporation and its
required.] officers have exercised their 10.❑ Electrical repairs or additions
3.❑ I am a homeowner doing all work right of exemption per MGL I LEJ Plumbing repairs or additions
myself. [No workers' comp. c. 152, §1(4), and we have no 12.0 Roof repairs
insurance required.] t employees. [No workers'
13.❑ Other
comp. insurance required.]
*Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information.
t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such.
Contractors that check this box must attached an additional sheet showing the name of the subcontractors and their workers'camp.policy information.
I am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site
information. °°�
Insurance Company Name: noa& 77C I'nsumnim /hgznca$
Policy#or Self-ins. Lic.#: 50 U 4 7 Expiration Date: 60 B aql O
Job Site Address: ? -& r S ee-1 City/State/Zip: :�R 1,,2v-n r /,�/ r
Attach a copy of the workers' compensation policy declaration page (showing the policy number and expiration date).
Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of crimi�jal penalties of a
fine up to$1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a fine
of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of
Investigations of the DIA for insurance coverage verification.
I do hereby certify under the pains and penalties ofperjury that the information provided above is true and correct.
Signature: Ito'44W.4; Date:
1
Phone#: 1 70— 532—
Official use only. Do not write in this area, to be completed by city or town official.
City or Town: Permit/License#
Issuing Authority(circle one):
1.Board of Health 2.Building Department 3.City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector
6.Other
Contact Person: Phone#:
e �1F,tti•.e�iticui<* �Pul totment tat Ealdrl c
8ct.irtl rl Builtiin, Rt Watittnr and -'; taad. rdA,
+. (,c)nstruction Supe.r isor License
License: CS 71187
00
4 RONALD E WACHLIN v
12 TUCKERS CT, 3RD FLU_
PEABODY, MA 01960
8/4/2011
t
. ('up.f 1l Y�'•IHHFI' 7�� 19910
Office of Consuumeerr Affairs&Badmeas Regulation License or registration valid for individul use only
ME IMPROVEMENT CONTRACTOR before the expiration date. U found return to:
a„ Office of Consumer Affairs and Business Regulation
UIVRegintration: 00 10 Park Plaza-Suite 5170
Expi _ 11 Boston,MA 02116
Card
LOWES HOMERONALD
=\
136 TURNPIKE R
SOUTHBOROUGH;' -'1 Undersecretary Not valid without signature
I
STORE COPY
INSTALLATION SERVICES CUSTOMER CONTRACT- MWORK-iNT/EXT/PATIO VALIDATION
DOOR
LOWE'S OF DANVERS, MA., STORE It 1094 STORE PHONE: (978) 646-9099
153ANDOVER STREET SALESPERSON: DAVID MCCARTHY
DANVERS, MA 01923 SALESPERSON ID: 135953
Document Print Date 10/12/2010 -
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 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
Customer Name Home Phone
S ED MENDONCA 978-745-3447
O Customer Address Other Phone
2 BORDER STREET 978-390-5380
L City State/Province Zip/Postal Code
D SALEM MA 01970
Installation Address
T 2 BORDER STREET
Installation City Installation State/Province Installation Zip/Postal
O Code
SALEM MA 01970
MERCHANDISE AND INSTALLATION SUMMARY
MERCHANDISE SUMMARY
39686 : PRODUCTCODE : SOS : SOS RB DECORATV FBRGLS-DORFAB TC : ENTRY/EXTERIOR SINGLE UNIT, VINTAGE CRAFTSMAN MORE LITE :
DOOR FABRICATION SERVICES, INC - QTY 1
101514 : 34652032 : STK : 36" TRADEWINDS FV WHT-BRSHD NKL : 36" TRADEWINDS FV WHT-BRSHD NKL : LARSON COMPANY - QTY 1
Materials Price $ 599.0
Store 1094 Project No. 309527449 for ED MENDONCA Page 1 of
STORE COPY
INSTALLATION DESCRIPTION
Stock or SOS :SOS Door Type : Exterior
Select Location : Front Door Select New Door : Single Pre-hung
Number of Doors to Install : 1 Side Lights or Transoms : No
Hardwood (Mahogany or Oak) Door : No Hidden Damage Description :None
Number of additio.nal.h.oles-bored for accessories : None -_Install Specialized Mortise Hardware : No — ------
Install Storm Door : Install new storm door Select Storm Door : Storm Door
Lead Safety Practices : No 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
Describe Other Work Needed : BUILD IN OF JAMB---BUILD OUT FOR STORM Other Work Charge : Yes
DOOR----FIX SILL AND SWAP INTERIOR TRIM.
Comments : No Comment
Labor Charges $ 691.00
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, $ 1255.0
*TAX $ 0.0
DELIVERY $ 0.0
ORDER TOTAL $ 1255.0
Store 1094 Project No. 309527449 for ED MENDONCA Page 2 of 7
STORE COPY
BALANCE DUE
Work is to commence upon reasonable availablity of Contractor which is anticipated to be T�� - [fill in date].
Estimated completion date is [fill in date].
NOTICE TO CUSTOMER
All items listed in this contract and specification sheet(s) are to be installed under conditions agreed upon at time of purchase and at the price appearing
on this contract form. This assumes sound existing substructures, superstructure and points of attachments. Extra labor or material incident to installation
necessitated by defective substructures; superstructure, points of attachment, or the moving of fixtures or appliances to be billed at extra cost to custom-
er.
IF THE CONTRACT TOTAL IS $1 000 00 OR LESS Customer must pay in full
COMPLETE THIS SECTION ONLY WHEN THE CONTRACT TOTAL EXCEEDS$1,000.00:
ustomer to Pay in Full; OR
[_] ustomer to use the following payment schedule:
(1) Deposit$ 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
[_] 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 CON-
TAINED 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 CONTRACT 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 CON•
TRACT,,THAT LOWE'S MAY SUBMIT SUCH DISPUTE TO A PRIVATE ARBITRATION SERVICE WHICH HAS BEEN APPROVED BY THE SECRET-
ARY OF THE EXECUTIVE OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATIONS AND THE OWNER SHALL BE REQUIRED TO SUB-
Store 1094 Project No.309527449 for ED MENDONCA Page 3 of 7
STORE COPY
MIT TO SUCH ARBITRATION AS PROVIDED IN M.G.L. c.142A.
By �S Date: 'y .,Z� r �
L6wHome CeMMs Inc— _
B Date: ,c,>
Own
By: Date:
Spouse--
THE SIGNATURES OF THE PARTIES ABOVE APPLY ONLY TO THE AGREEMENT OF THE PARTIES TO ALTERNATIVE DISPUTE RESOLUTION
INITIATED BY LOWE'S PURSUANT TO M.O.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 f Z7* DAY OF Gr��
Lowe's Home Centers, Inc.
By: t (Seal)
Print Name: r'1 rt -
153 +niata tea- (Seal)
Address
*O� er
d �iZi !X 1 _,Ny1?<SQ W
City State/Province Zip/Postal Code PAt 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. 309527449 for ED MENDONCA Page 4 of 7
STORE COPY
TERMS AND CONDITIONS
t."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 onthe 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 todo so(it being agreed that Lowe's has
noobiligation 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
Installation Services do not include architectural/engineering services or struc[ual changes to the.Premises or an.NOT UNDER THE SUPERVISION OR CONTROL OF LOWE'S. Customer agrees thatthe
y other services beyond the ordinary and routine installation of the Goods 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 theproperty 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,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 payLowe'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 permits then Installer will be responsible to Customer for obtaining such permits. Customers who secure their own building
permits will be precluded from claiming against certain state guaranty funds relating to home improvements. Neither the Installer nor Lowe's shall be responsible for any pre-existing violations of safety 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 Instate-
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-
coin 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
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 buildinglzoning code violations.Customer agrees to provide the In-
staller with access to work areas during working hours and to provide access to sanitary facilities onto,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 subject to transportation/storeage charges or other.resulting charges.Customer agrees
not to assign or transfer this Contract. Customer agrees that any claim against Lowe's or the Installer under this Contract should be made:to Lowe s within thirty(30)calendar days of.the date Customer first
becomes aware of a problem. (Lowe's will attempt resolution of any claim(s)within sixty(60)calendar days of receiving Customer's notice.)CUSTOMER ASSUMES THE-RISKAND THE FULL LIABILITY OF
PHYSICALLY-ASSISTING WITH DELIVERY OF THE GOODS OR WITH PERFOMANCE OF THE INSTALLATION SERVICES. - -
Store 1094-Project No. 309527449 for ED MENDONCA Page 5 of 7
STORE COPY
11. MANUFACTURER WARRANTY FOR GOODS/LOWE'S WARRANTY FOR INSTALLATION SERVICES/LIMITATIONS.OF LIABILITY.Customer is entitled to any warranty.provided 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 BYLAW.
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 fora period of one year from the
earlier of It I 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-maybe 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 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 byN.C. Gen. Stat. Section 6-21.2 or other applicable law.To the fullest extent permitted by law,
Lowe's and Customer agree that no class action arbitration of any type may be ordered by a Court or arbitrator(s) under this Contract and, in addition,that there shall be no joinder of parties, except for joinder
of parties to the transaction covered by this Contract. If a court or arbitrator determines the waiver of the right to class action arbitration or the prohibition of joinder of parties (other than parties to the transac-
tion covered by this Contract)to be unenforceable,then the party bringing such action will be required to bring such action in a court of law. -
13.ARBITRATION AGREEMENT AND WAIVER OF JURY TRIAL FOR CLAIMS NOT COVERED BY M.G.L.c.142A.All claims.by Customer or Lowe's concerning this Contract which cannot be resolved in-
formally,and which are not covered by M.G.L.c.142A or subject to the jurisdiction of a small claims court, shall be resolved bybinding 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 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 signing of this arbitration agreement,the validity or scope of this arbitration agreement,or any attempt to set aside this arbitration agreement, (2)all federal or state law
claims relating directly or indirectly to this Contract(including this arbitration agreement), the information Customer gave Lowe's before entering into this Contract and/or any past agreement or agreements
between Customer and Lowe's, (3)all counterclaims,cross-claims and third-party claims, (4)all common law claims of any kind including common law claims based upon contract,tort,fraud,or other intention-
al torts, (5) all claims based upon a violation of any state or federal constitution, statute or regulation, (6) all claims asserted by Lowe's against Customer, including claims for money damages to collect any
sum Lowe's claims Customer owes Lowe's, (7)all claims asserted by Customer individually against Lowe's and/or any of Lowe's employees,agents,directors,officers,shareholders, managers,members,par-
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 to 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 consisentwith 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,Yaw. - -
The parties agree that this arbitration agreement is made in connection with atransaction involving interstate commerce and shall begoverned: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
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paragraph 13 above is governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16. Itany provision of the Contract is contrary to any law to which it is subject,such unlawful provision shall be ineffective
without invalidating the other provisions,which shall remain in full force and effect;except that,as stated in paragraph 13. if 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 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 or financing.documents may have other terms and conditions to which Customer will be subject.Customer also acknowledges that Lowe's is not a party to any such cardholder or fin-
ancing agreement. -
16.WAIVER OF LIENS.Because responsibility for paying the Installer on Customer's behalf belongs to Lowe's,Lowe's will require the Installer,on behalf of itself and any of the Installers subcontractors,me-
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 mtodffiiFsaMb 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. _
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