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HomeMy WebLinkAboutBuilding Permit #Exception - 120 WINTER STREET 5/1/2018 TOWN OF NORTH ANDOVER APPLICATION FOR PLAN EXAMINATION Permit NO: Date Received i Date Issued: IMPORTANT:Applicant must complete all items on this page F LOCATI®N PRONE _PERTYt0WR� _ ` Jr 1 `� tiPnnt 10:0)Year OIdStructure+ yes no. - — �M=APN0:5__ r- PARCELt'�_ Z®NfNGDISTRICT _ {Histonc,Distnct yes nod w M'achJ,g) hopVillage= yes nog i TYPE OF IMPROVEMENT PROPOSED USE Residential Non- Residential ❑ New Building ❑ One family ❑Addition ❑Two or more family ❑ Industrial ❑Alteration No. of units: ❑ Commercial ❑ Repair, replacement ❑Assessory Bldg ❑ Others: ❑ Demolition ❑ Other plSeptic O�Well DFloodplam) ❑VUetlands� ❑,1Naters_he_d District I , a DESCRIPTION OF WORK TO BE PERFORMED: Identification Please Type or Print Clearly) OWNER: Name: Phone: Address: '� � me �Plione CONTRACTQR. N.a. SupervlsTorsC,onstruction,License_; m ^_— Expo - —-- Home�ImprovemenILicense v ; ARCHITECT/ENGINEER Phone: Address: Reg. No. I, FEE SCHEDULE:BOLDING PERMIT.$12.00 PER$1000.00 OF THE TOTAL ESTIMATED COST BASED ON$125.00 PER S.F. Total Project Cost: $ FEE: $ Check No.: Receipt No.: NOTE: Persons contracting with unregistered contractors do not have access to the guarantyfund �- ..fF:Tz•'X,4' "�'_ t "4.N ""a+.r...� +r^e+.-- .,.�, ,'."e'ra'u�"'..'*`."..:'.'qt".`p. yYr• '�'•�c zs,�...H - +y-^•,s-' '.`tr s c,xa"� �3r."'y ,+., gnatureofAgE�t/®wµiera,* � Sgature�ofcontractor Plans Submitted ❑ Plans Waived 0 __ Certified Plot Plan ❑ Stamped Plans ❑ J t Plans Submitted ❑ Plans Waived ❑ Certified Plot Plan ❑ Stamped'glans ❑ TYPE OF SEWERAGE DISPOSAL Public Sewer ❑ Tanning/MassageBodyArt ❑ .. Swimming Pools ❑ Well ❑ Tobacco Sales ❑ Food Packaging/Sales ❑ Private(septic tank,etc. ❑ Permanent Dumpster on Site ❑ THE FOLLOWING SECTIONS FOR OFFICE USE ONLY INTERDEPARTMENTAL SIGN OFF - U FORM DATE REJECTED DATE APPROVED PLANNING & DEVELOPMENT ❑ ❑ COMMENTS CONSERVATION Reviewed on Signature COMMENTS HEALTH Reviewed on Signature COMMENTS O r Zoning Board of Appeals: Variance, Petition No: Zoning Decision/receipt submitted yes Planning Board Decision: Comments Conservation Decision: Comments Water & Sewer Connection/Signature� Date Driveway Permit DPW Towo Engineer: Signature: Located 384 Osgood Street FIRE DEPART�fio== T Temp Dumpster on site yes no Located at'124.Mair Street FireDepartinelpt signature/date` ` COMMENTS y„ it Dimension Number of Stories: Total square feet of floor area, based on Exterior dimensions. Total land area, sq. ft.: ELECTRICAL: Movement of Meter location, mast or service drop requires approval of Electrical Inspector Yes No DANGER ZONE LITERATURE: Yes No MGL Chapter 166 Section 21A-F and G min.$100-$1000 fine NOTES and DATA— For department use i ® Notified for pickup - Date I Doc.Building Permit Revised 2010 I p Building Department The following is a list of the required forms to be filled out for the appropriate permit to be obtained. i Roofing, Siding, Interior Rehabilitation Permits ❑ Building Permit Application ❑ Workers Comp Affidavit I ❑ Photo Copy Of H.I.C. And/Or C.S.L. Licenses ❑ Copy of Contract ❑ Floor Plan Or Proposed Interior Work ❑ Engineering Affidavits for Engineered products NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit Addition Or Decks ❑ Building Permit Application ❑ Certified Surveyed Plot Plan ❑ Workers Comp Affidavit ❑ Photo Copy of H.I.C. And C.S.L. Licenses ❑ Copy Of Contract ❑ Floor/Crossection/Elevation Plan Of Proposed Work With Sprinkler Plan And Hydraulic Calculations (If Applicable) ❑ Mass check Energy Compliance Report (If Applicable) ❑ Engineering Affidavits for Engineered products NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit New Construction (Single and Two Family) ❑ Building Permit Application ❑ Certified Proposed Plot Plan ❑ Photo of H.I.C. And C.S.L. Licenses ❑ Workers Comp Affidavit ❑ Two Sets of Building Plans (One To Be Returned) to Include Sprinkler Plan And Hydraulic Calculations (If Applicable) ❑ Copy of Contract ❑ Mass check Energy Compliance Report ❑ Engineering Affidavits for Engineered products NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit In all cases if a variance or special permit was required the Town Clerks office must stamp the decision from the Board of Appeals that the appy .al period is over. The applicant must then.get this recorded at the Registry of Deeds. One copy and proof of recording must be subnn_tted with the building application Doc: Doc.Bui?ding Permit Revised 2012 Location No. 7-F 2 Date 6 � e • TOWN OF NORTH ANDOVER, Certificate of Occupancy $ Building/Frame Permit Fee $/tea Foundation Permit Fee $ 4 " A, Other Permit Fee $ TOTALt pe Check# 41c� 26344 /Building Inspector i The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston,MA 02111 www.mass gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Le0bly Name(Business/Organization/Individual): Address: City/State/Zip: 1Tx 1111 11 i I .-�} 'Phone 1 603(y 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 I ' 6. E]New construction employees(full and/or part-time).•` LLI-have hired the sub-contractors 2.El am a sole proprietor or partner- listed on the attached sheet. �• ❑Remodeling ship and'have no employees These sub-contractors have 8. ❑Demolition working for me in any capacity. workers'comp.insurance. g FJ Building addition [No workers' comp.insurance 5. ❑ We are a corporation and its required.] officers have exercised their 10.0 Electrical repairs or additions 3.❑ I am a homeowner doing all work right of exemption per MGL 11.❑Plumbing repairs or additions myself. [No workers'comp. c. 152,§1(4),and we have no 12.EyRoof 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. i Homeowners who submit this affidavit indicating they ace 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 sub-contractors and their workers'comp.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: t:�\( D CJ l Y kw y-wYaK_ In . Policy#or Self-ins.Lic.#: -1�, j PSS 'F> Expiration Date: Job Site Address: /c2Q CA_� - City/State/Zip: N n'1✓ 4 i/P.►" 1'7 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 criminal 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. Ido hereby certlo under the pains and penalties ofperjury that the information provided above is true and correct. - Simat" Date: 6-1- Phone#: 01 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#: Information and Instruction Massachusetts General Laws chapter 152 requires all employers to provide workers' compensation for their employees. Pursuant to this statute,an employee is defined as"...every person in the service of another under any contract of hire, express or implied,oral or written." An employer is defined as"an individual,partnership,association,corporation or other legal entity,or any two or more of the foregoing engaged in a joint enterprise,and including the legal representatives of a deceased employer,or the receiver or trustee of an individual,partnership,association or other legal entity,employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein,or the occupant of the dwelling house of another who employs persons to do maintenance,construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152,§25C(6)also states that"every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced-acceptable evidence of compliance with the insurance coverage required" Additionally,MGL chapter 152, §25C(7)states"Neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority." Applicants Please fill out the workers'compensation affidavit completely,by checking the boxes that apply to your situation and,if necessary,supply sub-contractor(s)name(s),address(es)and phone number(s)along with their certificate(s)of insurance. Limited Liability Companies(LLC)or Limited Liability Partnerships(LLP)with no employees other than the members or partners,are not required to carry workers'compensation insurance. If an LLC or LLP does have employees,a policy is required. Be advised that this affidavit may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit or license is being requested,not the Department of Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers' compensation policy,please call the Department at the number listed below. Self-insured companies should enter their self-insurance license number on the appropriate line. City or Town Officials Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the permit/license number which will be used as a reference number. In addition,an applicant that must submit multiple permit/license applications in any given year,need only submit one affidavit indicating current policy information(if necessary)and under"Job Site Address"the applicant should write"all locations in (city or town)"A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit must be filled out each year.Where a home owner or citizen is obtaining a license or permit not related to any business or commercial venture (i.e.a dog license or permit to burn leaves etc.)said person is NOT required to complete this affidavit. The Office of Investigations would like to thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address,telephone and fax number: The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 6.00 Washington Street Boston,MA,02111 TeX,#617-727-4900 ext 406 or 1-8777MASSAFE Revised 5-26-05 Fax#617-727-7749 VVVVW-Mass.9ov1dia. NORTFI Town of E ndover o - �► No. — IZZC% ' h " ver, Mass I COC HIC HlwKH � 7.4 Q°R�►rE° �P�,��(� S t] BOARD OF HEALTH PERMIT T D Food/Kitchen Septic System 1 ......... THIS CERTIFIES THAT ........... �s.. itLeWl►rte BUILDING INSPECTOR (� � • I Foundation has permission to erect.......................... buildings on ...�Z.............! .. ..$....e.eT................... Rough tobe occupied as ............ .... .............................................................................................................. Chimney provided that the person accepting this permit shall in every respect conform to the terms of the application Final on file in this office, and to the provisions of the Codes and By-Laws relating to the Inspection,Alteration and Construction of Buildings in the Town of North Andover. PLUMBING INSPECTOR VIOLATION of the Zoning or Building Regulations Voids this Permit. Rough Final PERMIT EXPIRES IN 6 MONTHS ELECTRICAL INSPECTOR UNLESS CONSTRUCTION STARTS Rough ` .......... Service .................... .� :": — Final BUILDING INSPECTOR GAS INSPECTOR Occupancy Permit Required to Occupy Building Rough Display in a Conspicuous Place on the Premises — Do Not Remove Final No Lathing or Dry Wall To Be Done FIRE DEPARTMENT Until Inspected and Approved by the Building Inspector. Burner Street No. Smoke Det. SEE REVERSE-SIDE ,- - Rightfax C1-2 4/25/2013 11 :35:02 AM PAGE 2/002 Fax Server CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDlYYYY) T IFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE OL . THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WANED,subject to the terms and conditions of the policy,certain policies may require and endorsement. A statement on this certificate does not confer rights to he certificate holder in lieu of such endorsement(s). i PRODUCER CONTACT NAME: MICHAUD ROWE&RUSCAK IN PHONE FAX PO BOX 188 (A1C,No,Ext): (AIC,No): EMAIL NORTH ANDOVER,MA 01845 ADDRESS: 75FDJ INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: ACE AMERICAN INSURANCE COMPANY BRANDOLINT CONSTRUCTION LLC INSURER B: INSURER C: INSURER D: 75 HAMILTON AVE INSURER E: HAVERHILL,MA 018303313 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: _7AffTT3T9MFMT THE POLICIES OF IN C E HAVE BEENTO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMBS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I MSR ADD SUB POLICY EFF DATE POLICY EXP DATE LTR TYPE OF INSURANCE L R POLICY NUMBER (MRODIYYYY) (MMIDDIYYYY) LIMITS GENERAL LIABILITY zACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE CLAIMS MADE OCCUR. REM SESORENTED occurrence) $ ® ED EXP(Any one person) $ RSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: ENERAL AGGREGATE $ POLICY [:]PROJECT LOC DRODUCTS-COMP/OP AGG $ AUTOMOBILE LIABILITY COMBINED SINGLE $ ANY AUTO LIMIT(Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULE AUTOS (Per person) HIRED AUTOS BODILY INJURY $ (Per accident) NON-OWNED AUTOS PROPERTY DAMAGE $ (Per accident) UMBRELLA LAB OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ A WORKER'S COMPENSATION AND X WC STATUTORY OTHER EMPLOYER'S LIABILITY YM UB-451IP556-13 03127/2013 03/27/2014 LIMITS ANY PROPERITOR/PARTNER/EXECUTNE NIA E.L.EACH ACCIDENT $ 100,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 100,000 If yes,describe under E.L.DISEASE-POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS below I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLESIRESTRICTIONS/SPECIAL ITEMS THIS REPLACES ANY PRIOR CERTIFICATE ISSUED TO THE CERTIFICATE HOLDER AFFECTING WORKERS COMP COVERAGE. i r ' c CERTIFICATE HOLDER CANCELLATION MAGNUM PARTNERS LLC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED 10 GEORGE ST STE 210 BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL B DELNF IN ACCORDANCE WITH THE POLICY PROe. Air` AUTHORIZED REPRESENTATIVE LOWELL,MA 01852 ACO RD 25(2010/05) The ACORD name and logo are registered marks of ACORD 1988-2010 ACORD CO RPO rights"reserved. Nov 27 12 05:03a P �lsze v�rc�rir,..oauuea/� �✓�aaur�ucae�a Office of Cous id&Affairs&Bdsiness Regolafion HOME:IMPROVEMENT CONTRACTOR Registration YYPe-,;.. f 7 Expiration 11116/2013 DBA BFNDOLINI CQNSTRl1CT1QN VINCENT BRANDOL[NI ; . . 75:HAMILTON AVE �' ,, y HAVERHILL;MA 01830 __U fidefttefdary pmopm - - = - - z �e1N atFtlo uo�a;uanre essassod oQauspej jo E£lMY66l O`S£U99SMI - palp luwawrli z; K7assactiuseft-DePOMnerrt of Public Safzb Board of Building Regulations and Standards incense:`Cy0 _98 DOVXR 1118 i C:ration Commissioner X44 i CONTRACT Brandolini Construction, LLC Vincent Brandolini Haverhill, Ma 01830 (978) 265-6936 BrandoliniConstruction@yahoo.com April 26,2013 Buyer/Name: Leslie&Mark Young'Lemire Owner Project Address: 120 Winter St.North Andover,MA. 4'7o'-- q'7S-67,U Scope Of work to be completed: • Tarp all walls&cover all shrubs and decks strip entire existing roof system. • Nail down any loose plywood or roof boards as need be after wood is exposed. • Install 6ft of GAF or CertainTeed ice&water shield on entire perimeter of roof,3'up all rakes, and valleys.Apply 1 ft of ice&water shield up adjoining walls. • Ice&water around any roof transitions or roof penetrations. • Install GAF or CertainTeed underlayment base sheet on remainder of roof • Install new 8-inch aluminum drip edge around entire perimeter of roof,then apply 6"strip of ice& water shield over exposed edge of drip edge. • Install new pipe flanges around all existing vent pipes. • Install new lifetime GAF or CertainTeed 3-tab shingle(color to be determined)nail to roof surface in hurricane nailing pattern. • Check ridge vent for proper ventilation and cut as necessary,&install a new shingle ridge vent. • Clean job site on daily basis and run magnet around entire house to minimize nails left behind from roof removal. • Additional cost for an additional row of ice&water shield(equivalent of 9 ft)would be $ N/A • Additional cost to install ice&water shield over entire roof surface would be N/A • Proposal doesn't include replacement of plywood,if needed additional charges will be applied if plywood needs to be replaced.Additional cost would be$45.00 per sheet.Additional cost per board would be$12.00. • Additional cost for EXTENDED GAF or CertianTeed warranty would be$_N/A_(can only be offered by certified GAF or CertainTeed contractors. • Additional cost to install new lead and repoint chimney would be$300.00. • Additional cost for installation of new skylight in dormer above second floor bathroom$700.00 • Homeowner is responsible for covering all belongings in attic space. • Repair all siding panels around house using existing siding. *Proposal is also based on a two-layer rip;any additional layers will be additional charges. *Contractor will be responsible for removal of all trash&warranty on all workmanship. Products carry manufacturer warranty.A current copy of liability and workers comp.Insurance will be provided by contractor if homeowner accepts proposal. Payment: Proposed total cash-price of$8,765.00 Payment Schedule will be: (1)Down payment of$4,382.00 and(2)$4,383.00 due upon final completion. *signature on formal contract on next page. BRANtDO!11111-CONSTRUCTION PAX&g Sift i>acics Fudsh Wodc and Remudeft 75 Hamilton Avemre Hex MA("820 VeicBnt E113ndoW•(9M MNa the awns}of the p aid balM hereby oormrerct vrNn an ardhortes ar+a ulolini Oonstrnrdion me Monhadon to iurnisln so necessary naterfak labor and vM*Mw1d*6 to lasted,owebuct and place the aoo�ng a and 0, man, below described whin f3o winicli IAMB wanetnt that IANe ffis the nroord bofder(s)�t Ownefs Name Tel. Job Addrwe {itty State .hos ! bt carmidwaton ot1he labor erid m tu*hed by the Doan adm the Owner(s)agrees)to pay the Cwhawribesm of 5 I3aposii not to e>0sed 3313%S f3detn w dna 3 roc 113 on partici cemplaton final 113 an iMa aonnFlorin ' The start and ooiaptidon dates are ordy eminrd®d.Qoribactor wN not be reshot Ria for reasonable detays- tt shat be the abigadon of ila Home tmpmvanent Carte to arm such peFits as fire Owneft AgeM The Owners who=cum thdr own pennies or dad utter unnigistered Cantradors wN be aadndad from the guarenty find pnrAsbm of 11AGl.Cr 142A. .At rarbd 61111061111611110 inn Owner aid Contractor or Sisk auUw fwd are nut and void.Arty altejian or deviation an the 1315018afrova invclvirng soma Docile of anam a tabes rrte be firnrfdned and of 11116 1pmfonnn�°"Il►erpon writeen oni�and WE be In adOw tD the cost THE OWNER SMALL FVW FOR THE VKM SHF CASH( ) CHEqc J(ld AV work peormed by to Coritraclor Is fuly covered by Wodane t tiabMjyr lrnmaanoe. 'Hite Agreement conadbnas the Goths agreemeit of rim parties and no other agreements,representedom and/or wanardes.expressed or led. shag be binding an OMner party hereto unfess in wrong and signed by both parties. The Owners)hmby )that he has Obey ham)read fids AMMneirt.that the farms and oa ndMans and the a9warifttwirad have been to him phom)and be(Mneyr)hill redersoard(s)o mn.A a dispute shah arise underow leans ofitda$p*act,the Ownm sWbearlha sxpem of ita Qonbactols aborney ices and costs rides the caontractor b at tardt. The Owner(d)mss)on reoeI;Q of an eom uted copy of I"Agresmw#at the time of e'n cuian hn If any proviskm of ttds Agreemer t are In co n0vt wflh any staff regndaijM ordinance or ode of law.than such p wAsiorns sinal be deemed nuV and void to the silent that they may conflict dwswift but with kwaiklaft the retrhng provisions hired. THE CONTRACMR QUARANTEE,S Us wmhora for 3 years.ht wi dive material wifdin the pmiod of guarentes, free of diargeL At raouests for service mum be in w 1im This Agreemsit may be cwweW by an officer of the Contractor,but ordy vdd to antes(3)busbum daysfrom the date of execudw and in a dmflar manner of the Owrner(sy right of man You may caned Gft Agreemaid wittwut any liability to you,provided flat you send a wdagn rtotira to the Contractor by midnight of the third business day foBowbV yaw sing of ttds Agrees wdr by a d ary mail.pow,by Wegam or silt by delivery- WMIESS our lantte and seals ttft l_`�`�•� y day of "' jr- Onmdubd Cmm&uctiorn00 not dM Jhk AgMIMM bdpm YM mad L .. (SUBJECTZO HOME OFFICE APPROVAL) I i Br- V'suixYnt Brardofeii7w ✓ t. � �'�i`�--� --, Accepted ar +' Auttw zed officer Oar 1. ACCEPTANCE.This agreement is expressly limited to and made conditional upon your acceptance of this terms and conditions. Any of your terms and conditions which are in addition to or different from those contained herein which are not separately agreed to in writing(except additional provisions specifying quantity,description of the products of work ordered herein and shipping instructions)are deemed material and are hereby objected to and rejected. You waive your objection to any terms and conditions contained herein if Contractor does not receive written notice of your objection within 10 business days of the date of this agreement. You will in any event be deemed to have assented to all terms and conditions contained herein if any part of the products or work describe herein are provided or performed. Please note particularly the limited warranty,limitation of remedies and limitations on actions and liability provisions set forth below. You acknowledge that the prices stated are based on the enforceability of these terms and conditions,and on the limited warranty,Limitation of remedies and limitation of actions and liability provisions below,that the price would be substantially higher if the contractor could not limit its liability as herein provided, and that you accept these provisions in exchange for such lower prices. 2. LIMITED WARRANTY. All work performed by contractor is warranted to be free of from defects in material and workmanship for one year from the date of completion of the installation subject to the terms below. Contractor makes no warranties regarding products sold but assigns to you any manufacture warranties relating to the products. THIS EXPRESS WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES,WHETHER EXPRESSED IMPLIED OR STATUTORY,INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS OR A PARTICULAR PURPOSE. This limited warranty does not cover damages relating to(a)accident, misuse,abuse,neglect,or normal wear and tear;(b)failure to use or maintain the product in accordance with manufacturer's instructions;and(c)alteration,repair or attempted repair b an other than contractor or its authorized representative. You P P Y one Y P shall be solely responsible for the correctness of the plans and specifications and shall release and hold harmless contractor from any damages resulting from improper,inadequate or vague information supplied by you. Contractor does not take on any obligations to inspect or evaluate the work other parties in any manner or aspect. This warranty is not transferable. 3. INSURANCE.Contractor shall maintain workers'compensation(employer liability),as required by law,and general liability insurance while performing the work. Contractor reserves the right to be self-insured to the extent allowed by applicable law. Contractor does not agree to name any other person or entities as additional insureds. 4. LIMITATION OF REMEDIES. Your sole and exclusive remedy against contractor for any and all claims for damages arising out of or alleged to have arisen out of the work will be limited to the repair or replacement by contractor,at contractors option,of any nonconforming work or to the issuance of a credit for such nonconforming work in accordance with these terms and conditions provided contractor is given a reasonable opportunity to inspect the work and confirms such nonconformity. This exclusive remedy shall not be deemed to have failed its essential purpose so long as contractor is willing and able to repair or replace the nonconforming work,and in any event contractor's maximum liability for any damages shall be limited to the total amount paid to contractor for the work under this agreement. This limitation of remedies clause shall apply to the parties to this agreement as well as to the current ower(s)of the project and it's their respective successors and assigns. If you receive a claim for damages by any owner arising out of or alleged to have arisen out of work,you agree to give written notice to contractor of the claim and provide contractor and opportunity to inspect the alleged damages within 30 days after contractor receipt of notice. If you fail to give the required notice and or fail to pillow contractor an opportunity to inspect the alleged damages within 30 days,you hereby waive any and all rights for damages and or correction of work against contractor. This limitation of remedies may be pleaded as a complete bar to any action in violation of this clause. S. LIMITATIONS ON ACTIONS AND LIABILITY.All claims and or lawsuits including but not limited to claims or lawsuits for indemnity and or contribution against contractor arising under this agreement must be made within 13 months from date of completion of installation. CONTRACTOR WILL NOT BE LIABLE FOR ANY LOSS,DAMAGE OR INJURY RESULTINGFROM DELAY IN DELIVERY OF THE PRODUCTS OR FOR ANY FAILURE TO PERFORM THA IS DUE TO CIRCUMSTANCES BEYOND ITS CONTROL.CONTRACTOR DISCLAIMS ALL LIABILITY FOR ANY AND ALL DAMAGE WHICH MIGHT BE SUSTAINED BY ANY PERSON WHO MAY BE ALLERGIC TO OR AFFECTED BY THE EMANATION OF PARTICLES FROM CERTAIN TYPES OF INSULATION. THE MAXIMUM LIABILITY,IF ANY,OF CONTRACTOR FOR ALL DAMAGES,INCLUDING WITHOUT LIMITATION CONTRACT DAMAGES AND DAMAGES FOR INJURIES TO PERSONS OR PROPERTY, WHETHER ARISING FROM CONTRACTOR'S BREACH OF THIS AGREEMENT,BREACH OF WARRANTY,NEGLIGENCE,STRICT LIABILITY OR OTHER TORT WITH RESPECT TO THE PRODUCT,OR ANY SERVICES IN CONNECTION WITH THE PRODUCTS IS LIMITED TO AN AMOUNT NOT TO EXCEED.THE CONTRACT PRICE. IN NO EVENT SHALL CONTRACTOR BE LIABLE FOR ANY INCIDENTAL,CONSEQUENTIL, LIQUIDATED,OR SPECIAL DAMGES,INCLUDING WITHOUT LIMITATION,LOST REVENUES AND PROFITS,ATTORNEYS FEES AND OR COSTS EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF THAT ANY OTHER CONTRACTUAL REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 6. PRICES,TERMS AND SHIPMENT.No cash discounts,back charges,set off or counterclaims are allowed unless specified by contractor. In addition to the prices specified,you agree to pay any federal,state or local excise,use,occupational,or similar tax now in force or to be enacted in the future,assessed against contractor or you by reason of this transaction. No retention is permitted unless contractor agrees otherwise in writing. Any past due payment will be,at contractors option,subject to interest at 1.5%per month (18%per annum)to the extent permitted by law. You agree to receive(or permit contractor to receive)near the work site,any materials needed to complete the work. You agree to protect such materials from damage or loss and provide contractor,free of charge,with reasonable use of light,heat,water,power,storage space and use of available elevators and hoists as needed. Title to all materials under this agreement shall not transfer to you until contractor receives payment in full. Contractor may charge you a fee and its actual expense if the job site is not ready for work on date you specify. 7. FORCE MAJEURE.Contractor shall not be liable for any delay,failures,or defaults in performance of this agreement or otherwise,in whole or in part,caused by the occurrence of any contingency beyond the control either of contractor or of suppliers to the contractor. Such contingencies include but are not limited to failure or delay in transportation,acts of any government or any j agency or subdivision thereof,judicial action,labor disputes,fire accident,acts of nature,severe weather,product allocation or shortages,labor shortages,fuel shortages,raw material shortages,machinery or technical failure,or work that can't be completed s Y because of another contractor covering the pertinent portion of the building. If any contingency occurs,contractor may allocate production,deliveries,and performance of work among its customers or substitute substantially similar materials,in its sole discretion,without liability for doing so. 8. CONFIDENTIALITY.If you visit contractors premises or you otherwise receive any proprietary or confidential information from contractor,you shall retain such information as confidential and not use or disclose it to any third party without contractors written consent. 9. CREDIT APPROVAL.Shipment and delivery of goods and performance of work shall at all times be subject to the approval of contractors credit department and contractor may at any time decline to make any shipment or delivery or perform any work except upon receipt of payment or upon terms and conditions or security satisfactory to contractor. By signing this agreement,you authorize contractor to check your credit and references. 10.. CANCELLATION.This agreement,or any part of it,may only be cancelled with contractor's written approval. In the event of cancellation of this agreement,any part hereof,you shall pay:(a)the contract price of all completed items;(b)that portion of the contract price that is equal to the degree of completion of products or work in process,effective on the date contractor receives notice of cancellation;(c)the cost of any material and supplies which contractor shall have purchased to perform and which cannot be readily resold or used for.other or similar purposes;(d)a restocking fee;and(e)any expenses incurred by contractor(including legal fees and judgments)as a result of the cancellation of subcontractors or purchases related to this agreement. 11. DEFAULT.You may terminate this agreement for contractor's default,wholly or in part,by giving contractor written notice of termination as follows. You may give written notice of termination only if contractor has received a written notice from you specifying such default,the default is not excusable under any provision hereof,and the default has not been remedied within thirty(30)days(or such longer period as maybe reasonable under the circumstances)after contractors receipt of the notice of default. Delivery of nonconforming products or work by contractor shall give you the rights set forth in paragraph 4 hereof but shall not be deemed a default for purposes of termination. In the event of termination for default,you shall be relieved of the obligation to pay for work not performed by contractor prior to the effective date of such termination. A.default on contractor's part shall not subject contractor to liability,through payment by contractor,set off or otherwise for any other damages,whether direct, consequential or incidental,and whether sought under theories of contract or tort.If customer breaches this agreement the contractor is entitled to reasonable attorneys'fees and litigation expenses as determined by a"court of Law'. 12. ASSIGNMENT.You may not assign this agreement or any claim against contractor relating to this agreement. 13. GOVERNING LAW.This agreement shall be construed,interpreted and the rights of the parties determined in accordance with the laws of the state of contractor's addressing first listed on the front of this agreement. . . 14. DISPUTES AND MANDATORY MEDIATION.In the event that a dispute arises over the reasonableness of or entitlement to fees charged by contractor,the prevailing party will be entitled to reasonable attorney's fees and costs. In all other disputes of any nature,each party shall pay its own fees and costs. Except as required to protect confidential information and to obtain preliminary injunctive relief to prevent irreparable harm,you and the contractor agree that prior to the initiation of any legal action the parties will engage in facilitative mediation of any and all disputes in anyway related to this agreement. If the parties cannot agree upon a facilitative mediator within 30 days of when the dispute arose,one will be selected pursuant to the commercial mediation rules of the American arbitration association. Each party will share equally the fees of the facilitative mediator and costs of the mediation. 15. Three day cancellation rights under section forty-eight of chapter ninety three,section fourteen of chapter two hundred and fifty five,D or section ten of chapter one hundred and forty D as may be applicable. 16. SEVERABILITY.If any provision of this agreement is not enforced,that provision shall be effective only to the extent permitted by law and all other provisions of the agreement shall remain. 17. ENTIRE AGREEMENT.This instrument contains the entire agreement of the parties relating to the subject matter hereof and may only be waived,changed,modified,extended or discharged orally by a writing signed by the party against whom enforced any such waiver,change,mortification,extension or discharge is sought the terms and conditions of this agreement supersede any agreement to which it is attached. 18. INDEMNITY.Each of the parties to this agreement agrees to defend and indemnity one another from any and all claims,actions and or lawsuits caused by the party's negligent acts or omissions. This indemnity clause and the obligations created herein shall control and take priority over any contrary indemnity agreement entered into prior to this agreement. Furthermore,this indemnity clause and the obligations created herein shall control and take priority over any contrary indemnity agreement entered into subsequent to this agreement unless the subsequent agreement specifically refers to this indemnity clause and declares it null and void.