HomeMy WebLinkAboutBuilding Permit #216 - 191 GRANVILLE LANE 9/21/2009 BUILDING PERMIT Of NORTH q
TOWN OF NORTH ANDOVER c2 - o�
APPLICATION FOR PLAN EXAMINATION 70
Permit NO: Date Received meq.
CRATED
�SSNCHUSf'�
Date Issued: -
IMPORTANT:Applicant must complete all items on this page
LOCATION t is r ck.y1%. V t �y �— t +r er
Print
PROPERTY OWNER QC, , y v�,t
Print
MAP NO: PARCEL: ZONING DISTRICT: Historic District yes no
Machine Shop Village yes no
TYPE OF IMPROVEMENT PROPOSED USE
Residential Non- Residential
New Building ne-family-�
Addition Two or more family Industrial
Alteration No. of units: Commercial
Repair eplacemen Assessory Bldg Others:
Demolition Other
Septic Well floodplain Wetlands Watershed District
Water/Sewer
DESCRIPTION OF WORK TO BE PREFORMED: l
Identification Please Type or Print Clearly)
OWNER: Name: Dav LA Phone: 2 S $ Y Fr!
Address:
CONTRACTOR Name: 'W o`c._k% L,v, Phone: q 6 3 rZ
Address: t 2, v c e rs c-t e c, 10 a tAR Q 1 140
f
Supervisor's Construction License: "I 11 S-T Exp. Date: 9/4 11
Home Improvement License: 1 S3 '1 f y' Exp. Date:--c—ba /(I
ARCHITECT/ENGINEER Phone:
Address: Reg. No.
FEE SCHEDULE:BULDING PERMIT:$12.00 PER$1000.00 OF THE TOTAL ESTIMATED COST BASED ON$125.00 PER S.F.
Total Project Cost: $ 14 7-1 FEE: $ 10
Check No.: P6 �a�_� Receipt No.: 3-D-1�`-�
NOTE: Persons contracting with unregistered contractors do not have access to the guaranty fund
Signature of Agent/Own _== Signature of contractor
Location & ���--
No. 2e Date
M aItrh TOWN OF NORTH ANDOVER
►3j •. 0�
9
} o Certificate of Occupancy $
,SSACNUSE�� Building/Frame Permit Fee $ -,—,
Foundation Permit Fee $ y�
Other Permit Fee $
TOTAL $
Check # ��
2r U
Building Inspector
Plans Submitted Plans Waived Certified Plot Plan Stamped Plans
TYPE OF SEWERAGE DISPOSAL
Public Sewer Tanning/MassageBody Art 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
HEAL-1H Reviewed on Signature
COMMENTS
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 Town Engineer: Signature:
Located 384 Osgood Street
FIRE DEPARTMENT - Temp Dumpster on site yes no
Located at 124 Main Street
Fire Department signature/date
COMMENTS
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
r
❑ Notified for pickup - Date
Doc.Building Permit Revised 2008
Building Department
The following is a list of the required forms to be filled out for the appropriate permit to be obtained.
Roofing, Siding, Interior Rehabilitation Permits
❑ Building Permit Application
❑ Workers Comp Affidavit
❑ 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 appeal period is over. The applicant must then get this recorded at the Registry of Deeds. One copy and proof of recording
must be submitted with the building application
Doc:INSPECTIONAL SERVICES DEPARTMENTMFORM07
Revised 2.2008
NORTH
Town of t . 4Andover .
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No. 2 lweR
dover, Mass., • nt/• GI
T O
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I� COCHICMEWICK
7� ADRATED
`S � BOARD OF HEALTH
Food/Kitchen
PERMIT T D Septic System
1 BUILDING INSPECTOR
THIS CERTIFIES THAT............... ..... .....1.(�.............. ..1!I� ......................................
............... Foundation
6
has permission to erect........................................ buildings on ......Cq.1......11::.Ck.4��.1.. � .......... Rough
- Chimney
to be occupied as........�m. ..........................................................................................................................................
provided that the person accepting this permit shall in every respect conform to the terms of the application on file in Final
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 THS
3� UNLESS CONSTRUC T TS RoughELECTRICAL INSPECTOR
Service
BUILDING INSPECTOR
Final
Occupancy Permit Required to Occupy Building GAS INSPECTOR
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
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Massa lluselts- Dcpa rtment of PtIblic Silfet\
Board of Building;Rehulaltiuns ,Intl Standards
Construction Supervisor License
License: CS 71187
Restticled to; 00
RONALD E WACHLIN
12 TUCKERS CT,3RD FL
PEABODY, MA 01860
F;xpirarion: 8/4/2011
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The Commonwealth of Massachusetts
i Department of Industrial Accidents
Office of Invesfigadons
600 Washington Street
Boston,MA 02111 �
www mass gov/dia
Workers'Compensation Insuraitee Affidtavit:Builders/Contractors/Electricians/Plumbers
APPlicantInforination Please Print Le "bl
Name t
(SusinesstOrgant2ationttisdividual): :: ��� Cdu+��>2�C%.)� ���fL� Lcf11G�f
{ Address: C 1 5 c >.
City/State/Zip: /.e_yq. p 4 -e� `J 1d OISeotPhone#:
Are you an employer?Check the appropriate box: Type of Project (required
1.D I am a employer with 4: ❑ 1 am a general contractor and I 6..❑New construction
employees(full and/or part-time).* have hired the sub-contractors
2.(XI 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'cotnp.insurance,
o workers' S. ❑We are a corporation g• ❑Building addition,
1 [N comp.insurance. rporation and its
{ required] officers have exercised their
lo.❑Electrical repairs.or additi ns
3.Q'l am a homeowner doirgwk right of exemption grMGL 1Tmrepairs ar additi Dns,. { t
{ myself:[No workers'comp, c.152,,§1(4),and we have no
12.E]Roof repairs
insurance required.]t employees.[No workers
co insurance uired) 134R.
*Any applirantthat checks box#],mustaiso'&1l out the section below showing their workers' mp�tionpolicyiafoimation
t Homeowners who submit this affidavit indicating they we doing all work and then hire outside contractors must submit a new afttdavitindicating sneh
*Contractors that check this box rnust attached art additional sheet showing the name ofthe-bb-diactors and their workers'comp.policy information.
I am an employer that is providing word m1 compensation insurance for my employees, Below is tine policy and job sitel
information
Insurance Company Name:
Policy#or Self-ins.Lie.#: Expiration Dated
Job Site Address:
City/State/Zip:.
f Attach a copy of the workers'compensation policy declaration page(showing the policy number and expiration da# ).
( Failure to secure coverage as required under Section 25A of MGL c 152 can lead to the imposition ofcriminalpenalties o a
fine up to$1,500100 and/or one-year immisonment,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
i Investigations of the DIA for insurance coverage verification.
F do hereby certify/under the pains and penalties of perjury that the information:provided above is trite and correc& i
SignatuDate
Phone
S3=L-c�jS
Offu:ial use:only. Flo not write in this area,to be completed by city or town.official.
City or Town; Permit/License#
i i.
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#:
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STORE COPY
INSTALLATION SERVICES CUSTOMER CONTRACT- MWORK - INT/EXT/PATIO VALIDATION
DOOR
LOWE'S OF DANVERS, MA., STORE# 1094 STORE PHONE: (978) 646-9099
153 ANDOVER STREET SALESPERSON: EDWIN VELAZQUEZ
DANVERS, MA 01923 SALESPERSON ID: 794346
Document Print Date : 09/12/2009
This is only a Quote for the merchandise and services printed below. This becomes an agreement upon payment and
an endorsement by a Lowe's register validation. Upon such payment and endorsement, the entire agreement, including
the specifically completed pages of this document,the Terms and Conditions included with this document and any other
addenda or attachments hereto, shall be referred to herein as this "Contract."
PLEASE READ THIS ENTIRE DOCUMENT, INCLUDING THE "TERMS AND CONDITIONS." BEFORE SIGNING.
Lowe's Registration or Contractor License Number/Lowe's Contractor Name
Lowe's Home Centers, Inc.'s MA HIC NO.: 148688 Lowe's Home Centers, Inc.'s FEIN:
56-0748358
Customer Name Home Phone
S DAVID LYNCH 978-258-9818
0 Customer Address Other Phone
191 GRANVILLE LN
L City State/Province Zip/Postal Code
D N.ANDOVER MA 01845
Installation Address
T 191 GRANVILLE LN
Installation City Installation State/Province Installation Zip/Postal
0 Code
N.ANDOVER MA 01845
MERCHANDISE AND INSTALLATION SUMMARY
MERCHANDISE SUMMARY
104442 : RB-HT14-SD : SOS : SOS RB DECORATIVE SMTH FG TLI TC : UNFINISHED SMOOTH SURFACE SINGLE DOOR UNIT HAMPTON - PATINA
GAMING ***THIS PRODUCT QUALIFIES FOR A FEDERAL INCOME TAX CREDIT*** : TRU LOGISTICS INCORPORATED - QTY 1
1046 : 87544 : STK : 1X4X4 RED OAK BOARD : 1X4X4 RED OAK BOARD : BABCOCK LUMBER -QTY 1
18302 : STK : PNE CASE 351 2-1/2X11/16X8' : PNE CASE 351 2-1/2X11/16X8' - QTY 3
109513 : 90998 : STK : SELECT STM DR HANDLE-ANTQ BRASS : 6-PIECE ANTIQUE BRASS MATCHING EXPANDER : CLO LARSCN MANUFACTURING
Store 1094 Project No. 270433539 for DAVID LYNCH Page 1 of 8
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COMPA - QTY 1
147635 : 90561 : STK : 36" SELECT STM DR FRAME-WHT : 36 SELECT STM DR FRAME-WHT : CLO LARSON MANUFACTURING COMPA. - QTY 1
251220 : 91316 : STK : SELECT STM DR GLASS-CLEAR : SELECT STM DR GLASS-CLEAR : CLO LARSON MANUFACTURING COMPA- QmTY 1
Materials Price $ 763.58
INSTALLATION DESCRIPTION
Stock or SOS : SOS Door Type Exterior
Select Location : Front Door Select New Door : Single Pre-hung
Side Lights or Transoms : No Hardwood (Mahogany or Oak)'Door : No
9-4idden Damage Description : None Number of additional holes bored for accessories : None
Install Specialized Mortise Hardware : No Install Storm Door : Install new storm door
Select Storm Door : Storm Door Total Linear Feet of Custom Trim to be Installed : 0
Deliver Door : Yes Customer Understands Scope of the Project : Yes
Permit Required : No Additional Miles Traveled over 20 : 0
Bring Up To Code Description : None Local Disposal Fee : Yes
Describe Other Work Needed : build in jamb 81, build out for storm 54, and split Other Work Charge : Yes
door from ext trim 68.
Comments : Call ahead
Labor Charges $ 742.00
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 ta�c restrictions.
SUB-TOTAL $ 1470.5
Store 1094 Project No. 270433539 for DAVID LYNCH Page 2 of 8
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"SALES TAX $ 0.0
DELIVERY $ 0.0
ORDER TOTAL $ 1470.5
BALANCE DUE
Work is to commence upon reasonable availablity of Contractor which is anticipated to be [fill in date].
Estimated completion date is Y T32 [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 a nd at I~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 extria cost to customer.
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:
tstomer
stomer to Pay in Full; OR
I. 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, 1/U+Ve au-thorize 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 COND ITIONS CONTAINED IN
THIS CONTRACT AND WHICH FOLLOW THE SIGNATURE PAGE(s). BY SIGNING BELOW, YOU ARE ACKNOWLEDGING THAT-YOU FIiAVE READ,
UNDERSTAND AND AGREE TO THE TERMS AND CONDITIONS SET FORTH IN THIS CONTRACT. YOU ARE ENTITLED 70 A CCOPY OF THIS CON-
TRACT AT THE TIME OF SIGNATURE.
NOTICE REGARDING ARBITRATION AGREEMENT FOR CLAIMS COVERED BY M.G.L. c.142A
LOWE'S AND OWNER HEREBY MUTUALLY AGREE IN ADVANCE THAT IN THE EVENT LOWE'S HAS A DISPUTE CONCERNIMG THIS CONTRACT,
Store 1094 Project No. 270433539 for DAVID LYNCH Page 3 of 8
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THAT LOWE'S MAY SUBMIT SUCH DISPUTE TO A PRIVATE ARBITRATION SERVICE WHICH HAS BEEN APPROVED BY THE SECRETARY OF THE
EXECUTIVE OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATIONS AND THE OWNER SHALL BE REQUIRED TO SUBMIT TO SUCH AR-
BIT ATION AS PROVIDED IN M.G.L. c.142A. c
By. 1 — Date: -1 " r Z--` 09
Lowe ome Centers Inc.
By.� Date:
Owner
By: Date:
Spouse
THE SIGNATURES OF THE PARTIES ABOVE APPLY ONLY TO THE AGREEMENT OF THE PARTIES TO ALTERNATIVE DISPUTE RESOLUTION INI-
TIATED BY LOWE'S PURSUANT TO M.G.L. c.142A. THE OWNER MAY BE PERMITTED TO INITIATE ALTERNATIVE DISPUTE RESOLUTION EVEN
WHERE,THE SECTION ABOVE IS NOT SEPERATELY SIGNED BY THE PARTIES.
WITNESS OUR HAND(S) AND SEAL(S) BELOW THIS Z`�'_� DAY OF P5
Lowe's Home Centers, Inc.
By: (Seal)
Print Name:
(Seal)
Address Owner
Da.V,� T
City State/Province Zip/Postal Code Print Name
(Seal)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
Store 1094 Project No. 270433539 for DAVID LYNCH Page 4 of 8
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TERMS AND CONDITIONS
I."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.;
?.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
Dustomer's behalf, and Customer shall pay for, the services to install the Goods (the "Installation Services") in or on the premises identified on the face of this Contract (the"Premises") for the Order Total
Stated on.the face of this Contract(the"Price")and according to the provisions of the Contract documents.The Contract documents shall consist of(1)the face of this Contract,titled"Installed Sales Contract,"
;2) these Terms and Conditions, and (3) any attached sketches, materials lists,floor plans, and/or specification sheets and other addenda or attachments hereto. The Contract documents do not include any
,orrespondence,advertisements,estimates or other documents that are not attached.
3. INSTALLATION SERVICES. Customer authorizes Lowe's on Customer's behalf to (a)arrange for the Installation Services to be performed by an independent contractor (the"Installer")(licensed when leg-
ally required), (b) issue a work order to the Installer to perform the Installation Services, (c) have the Installer's work inspected, should.Lowe's in its discretion choose to do so(it being agreed that Lowe's has
io obiligation to do so),and(d) pay the Installer after completion of the work and after receipt of a certificate,signed and dated by Customer,that the work has been satisfactorily completed(the "Certificate of
Completion"). Customer understands that Lowe's will rely upon the Certificate.of Completion in paying the Installer for the Installation.Services. CUSTOMER AGREES THAT:THE INSTALLER WILL PER-
FORM THE INSTALLATION SERVICES ACTING AS AN INDEPENDENT CONTRACTOR FOR CUSTOMER AND NOT UNDER THE SUPERVISION OR CONTROL OF LOWE'S, Customer agrees that the
Installation Services do not include architectural/engineering services or structual changes to the Premises or any 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 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,payment of the Price by Customer to Lowe's is due in full upon execution of this Contract. If the Price is over$1,000.00,Customer may choose to pay in full upon
execution of this contract, but Lowe's may not require Customer to do so. If the Price is over$1,000.00 and Customer does not pay in full at the time of sale, Customer agrees to pay Lowe's according to the
payment schedule set forth in this Contract.Customer agrees to pay a deposit upon execution of this Contract equal to one-third of the Price.Customer agrees to.make a payment for the balance of the Price
less the final payment at least one day after the date this Contract is executed and prior to the commencement of the Installation Services. Customer agrees to make the final payment upon completion of the
Installation Services and Customer's satisfaction. Payment for a new replacement contract is payable according to these Terms and Conditions. Payment for any change order is due at the time of that change
order.
7. LICENSES, PERMITS,SAFETY RULES, BUILDING CODES,ZONING ORDINANCES, AND OTHER LAWS.The Installer shall be solely responsible to Customer for obtaining any and all licenses which
are legally required to perform the Installation Services.The Installer shall also be solely responsible to Customer for the Installation Services being performed in compliance with all applicable safety rules and
all existing buidling codes,zoning ordinances and other laws.Lowe's shall be responsible to Customer for obtaining building permits which are legally required to perform the Installation Services where Lowe's
is legally required to obtain such permits. Where Installer is required to obtain such permits then Installer will be responsible to Customer for obtaining such permits. Custor-ners who secure their own building
permits will be precluded from claming 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 Installa-
tion Services and to execute a resulting change order or new replacement contract as requested by Lowe's. No additional work will be performed under this Contract due to any change to any applicable safety
rule, building code,zoning ordinance or other law that occurs after the completion of work.
8. CUSTOMER'S WARRANTY AGAINST VIOLATIONS OF EASEMENTS,COVENANTS,AND THIRD PARTY RIGHTS.Customer warrants that performance of Installation Services will not violate any exist-
ing real property easements,covenants, homeowner's association rules or rights of third parties holding an interest in the real property being improved.
9. UNDISCLOSED CONDITIONS IN PREMISES.If Installer discovers any defect, weakness or dangerous condition including, but in no way limited to, mold, mildew, rot,asbestos or infestation ("Undisclosed
Condition") in the Premises'structure, substructure,super-structure or points of attachment, Customer must remedy the Undisclosed Condition at Customer's sole cost and expense and to Lowe's sole satis-
faction. If Customer refuses to permit inspection of the Premises as set forth below, Lowe's may terminate or rescind this Contract without remedy or recourse by, or further obligation to, Customer, except as
expressly provided below. If Customer and Lowe's disagree as to whether an Undisclosed Condition exists, Lowe's may in its sole discretion obtain the services of an inspector to inspect the Premises at
Lowe's sole cost and expense, and if Lowe's chooses to do so, such inspector's report shall be final and conclusive as to whether an Undisclosed Condition exists. In the event of any Undisclosed Condition
that Customer does not remedy to Lowe's sole satisfaction,or any failure by Customer to perform any other obligation of Customer under this Contract,then at Lowe's option(1) Lowe's may rescind this Con-
tract and return the Price to Customer without further cost or obligation by either Customer or Lowe's if Lowe's notifies Customer of its election to rescind this Contract prior to the earlier of delivery of the
Goods and the Installer beginning performance of the Installation Services, or (2) Lowe's may terminate this Contract without remedy or recourse by, or further obligation to Customer, except as expressly
provided below if Lowe's notifies Customer of its election to terminate this Contract after the earlier of delivery of the Goods and the installer beginning performance of the Installation Services. In the event that
Lowe's terminates the Contract as provided in this Section,then Customer may return the Goods(other than Goods that have been "custom-made")in their original, unopened condition,to Lowe's for a refund
or credit.Any such return must be made within 30 days after Lowe's terminates this Contract.Customer will be charged a 15%restocking fee on any such returns. Goods not in their original, unopened condi-
tion, and custom-made goods, may not be returned. "Custom-made"goods include goods that have been uniquely altered,color-matched,shaped,sized, cut or otherwize designed or fitted to accomodate the
requirements of a particular space or environment. Examples of custom-made goods include,but are not limited to,cabinets,countertops,floor and wall coverings,and window treatments. If Lowe's terminates
this Contract as provided herein, Lowe's shall have no obligation to refund any portion of the Price(except as expressly provided herein) and shall have no obligation to restore the Premises to their original
condition.
10. CUSTOMER'S RESPONSIBILITIES: Customer agrees to pay Lowe's according to these Terms and Conditions. Customer agrees to facilitate the location of utility lines. Customer is responsible for identi-
fying property lines. Customer agrees to ensure that work area are free of vermin and pre-existing physical or environmental hazards, and building/zoning code violations. Customer agrees to provide the in-
staller with access to work areas during working hours and to provide access to sanitary facilities or to pay the rental costs for such facilities. Customer agrees to ensure that any security system at the
Premises will not interfere with performance of the Installation Services.Customer agrees to provide power to,as applicable,climate control in,the work areas.Customer agrees not to allow unattended minors
at the Premises while the Installer is present. Customer agrees to control and keep pets away from work areas. Customer agrees to keep posted permits on display at all times.Customer agrees that if Cus-
tomer or anyone Customer controls interferes with or delays performace of the Installation Services, Customer may be subject to transportation/storeage charges or other resulting charges. Customer agrees
not to assign or transfer this Contract. Customer agrees that any claim against Lowe's or the Installer under this Contract should be made to Lowe's within thirty(30)calendar days of the 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.
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paragraph 13 above is governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16. If any provision of the Contract is contrary to any law to which it is subject, such unlawful provision shall be ineffective
Nithout 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 Installer's subcontractors,ma-
terialmen or suppliers,as a condition precedent to payment by Lowe's on Customer's behalf,to fully and unconditionally relinquish,waive and release any and all mechanic's liens,materialman's lien and other
liens in the Premises which the Installer or its subcontractors,materialmen or suppliers might have or acquire in the future,by operation of Jaw or otherwise,as a result of this Contract.
17. UNAVOIDABLE DELAY OR FAILURE IN PERFORMANCE EXCUSED.Any delay or failure by Lowe's or the Installer in performing this Contract because of stike, fire,flood, epidemic;acts of terrorism,
acts of God, inability to obtain Goods in a timely or commercially feasible manner, or any other causes beyond the reasonable control of Lowe's or the Installer shall be excused and shall not be breaches of
this Contract.
18. ENTIRE AGREEMENT/CHANGES IN WRITING.Customer and Lowe's agree that this Contract accurately states the entire agreement between Customer and Lowe's concerning the Goods and Installa
tion Services and replaces and supersedes all prior agreements and understandings relating thereto, both oral and written,and all oral agreements and understandings entered into at the same time as this
Contract.Any additions or changes to this Contract,or any waiver of rights under this Contract, must be in writing signed by Customer and Lowe's.
19. CAPTIONS.Titles or captions of sections contained in this Contract have been inserted only as a matter of convenience and in no way define, limit,extend,describe or otherwise affect the scope or mean-
ing of this Contract or the intent of any provisions hereof.
20. ADDITIONAL,INFORMATION.All contractors and subcontractors must be registered.by the Administator of the Board of Building Regulations and Standards.Inquiries about a contractor or
subcontractor relating to a registration should be directed to the Administrator of the Board at One Ashburton Place,Room 1301,Boston,MA 02108,(617)727-8598.
21. QUESTIONS OR CONCERNS.Customer should speak with the Lowe's salesperson whose name appears on this Contract and the manager of the Lowe's store where Customer entered this Contract re-
garding routine matters such as scheduling,any requested changes to Customer's order,or any concerns Customer may have about this Contract,the Goods or the Installation Services,at the address and/or
phone number noted on the front page of this Contract.
Store 1094 Project No. 270433539 for DAVID LYNCH Page 8 of 8
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