HomeMy WebLinkAboutBuilding Permit #389 - 196 SUMMER STREET 11/18/2009 TOWN OF NORTH ANDOVER
4 APPLICATION FOR PLAN EXAMINATION
17
Permit NO: / Date Received
Date Issued: r
IMPORTANT:Applicant must complete all items on this page
LOCATION `� :S r` <--T
Print
PROPERTY OWNER_ ka 1r c lrco S �d w
Print
MAP NO:3 PARCEL: ZONING DISTRICT: Historic District yes rn Machine Shop Village yes
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
Septic Well Floodplain Wetlands Watershed District
Water/Sewer
DESCRIPTION OF WORK TO BE PERFORMED:
EAJ�-u Door
T�J co 1>00 v-
Identification Please Type or Print Clearly)
OWNER: Name: Ak c*%-C To S ( o vi Phone: �-8"- $ 6 Do
Address: Mt (o S �, w�w.� .sT'
CONTRACTOR Name: y�c��d �N cx C h,�i h Phone: - 573 Z- 03 SZ
Address: t2 `r, c iters G-" per. odv M 14 011 & 0
Supervisor's Construction License: t t - Exp. Date:Ll b
Home Improvement License: ! 3 3 q I y Exp. Date: 1 2� !r
ARCHITECT/ENGINEER Phone:
Address: Reg. No.
FEE SCHEDULE:BOLDING PERMIT:$12.00 PER$1000.00 OF THE TOTAL ESTIMATED COST BASED ON$125.00 PER S.F.
Total Project C' ost: $ / FEE: $
Check No.: / � d(- -- Receipt No.:
NOTE: Persons contracting with unregistered contractors do not have access to the guaranty fund
ignature of Agent/Owner -� Signature of contractor
I
Plans Submitted Plans Waived Certified Plot Plan Stamped Plans
TYPE OF SEWERAGE DISPOSAL
Public Sewer Tanning/Massage/Body 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
HEALTH 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'
Fare 'Department signature/date
-COMMENTS .
I
Dimension
G
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
❑ Notified for pickup - Date
Doc:.Building Permit Revised 2008
Building Department
�
The followinga list of the required forms to be filled out for the�is q appropriate permit to be obtained.
III
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: Doc.Building Permit Revised 2008
Location
No Date
NORTIy TOWN OF NORTH ANDOVER
4L I
f � a
i y
Certificate of Occupancy $
Building/Frame Permit Fee $ Ua
S�GMUS
Foundation Permit Fee $
Other Permit Fee $
TOTAL $
Check #
l
22664
Building Inspector
NORTH
01;M 0 T f
AndoverV" .
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No.,3 —
dover, Mass., &_
4' Q LAKE
If, COCHICHEWICK V
A0RATED
`S BOARD OF HEALTH
PERMIT T ... �D Food/Kitchen
Septic System
BUILDING INSPECTOR
V
THIS CERTIFIES THAT.........�O.411%.4m................I........!5..4. ........................................................................... Foundation
ppA
has permission to erect........................................ buildings on ..... X16........ i.....S4.." Rough
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t to be occupied as..... ....... ..!�wT....wk!ti4. + ........! ..........Nw.kb.... .11�.�L �........................ y
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
4 p PERMITT EXPIRES IN 6 MONTHS
I � ELECTRICAL INSPECTOR
l
UNLESS CONSTRU S Rough
................... ........................................................................................... 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.
SEE REVERSE SIDE Smoke Det.
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Board V4 Building Rcgulath)n.r,int! St ;tntf.tr'IN
C*nstruction Supervisor License
Llrensa: CS 71187
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RONALD E VIACHUN
12 TUCKERS CT,3RD FL
PI~ABODY,MA 01860
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The Comrnonweatth of Massachusetts
Department of Industrial Accidents
Office oflnvestigadons
600 Washington Street
Boston,MA 02111 '
MMgov/,iia
, ,Compensation hunrance Affidavit:Builders!Contractors%IectrldansMlambers
HesatInfarmatioiot. Please Prlat L
�. , �iorgarrizai�o�individnai): eco �o�3sTi2yc.i�`J� .e�.�z.� cchtclill� ;
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ty/State/Ztp: / er9 ran 4 -e-\ /V4 0/Se- Phone#: I��:9- S"� �Z-O
Are you as employer?Check the appropriate bow TYPe Of
1.D I aura employer with 4. ❑1 am a general contractor and I ll ( ); Jl
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employees(W and/or part-time).* have hired the sub-contractors 6. ❑New constructim
2. I.a&a.sole:pr+opriebor orpartncr- listed on the attached sheet t 7- ❑Remodeling
ship and Have no employees These sub-contractus have
g• Q Demolition
worlsiag terrine in.apy rapacity. workers'corrrp insurance,
[Noworks'tarmp.ingutance S. Q We ate a corporation and-its 9. El Building addition
roqdhixt] Officers have exerdsed:their 10❑Electricalrepairs or addict
3-O 7 atg.$homeowner doing all work right of exemption per MGL l I PI
umbingrepairs or additibns
[No workers'comp. c.152,§1(4),and we have no 12-Q Roof repairs
insurance required.]t eaployees.(No workers'
13: Other q�2 S ll
comp.insurance required.)
'AnY appliaan*Uehwks box gl mau.atw ffi our jbe section bdowshawin their
t Efomeowaea•wlro submit this dffidavit indica' g —kew O0-4on pol-Y-for Uom
3 �they are dot all wort and thea hire otgdde 000haetas mast submit a new affidavit ittdi such
F that check this.borc feast attached m additiond sheet shoeing the mune ord.sub-mnnuctoa and their workers'comp"policy information +
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! 140 als that isp wIdmg nnrkm'to Vvaanon las vmw far my� Be[ew is the
' lnforaralyt.. Pte?'=djoh
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Expiration Date:
' Add*:
City/StatelZip: c
Atthch s;cgPYaf the workertY'oonupensa"policy dmkradon paPe(show tug the policy number and espfraties•da
se M coverage as re
3 aih>r e'to required under Section 25A of MGL c.152 can lead to the imposition mposition crimirralpenaltiesa
.. year°imprisonment as well as civil penalties lathe;foim of a STOP WORK ORDER and afine
of ap to$250-00 a dity against the violator. Be advised that a copy of this statemwt may be.forwarded b the Office of
Investigadow of the DIA for insurance coverage vefificetion.
I oro hereby cat yy under the pans and penaltrGs®1 Pr+7-'Ma I d,e-011 p .d,d above is frac and con ec[ I
SiQttature: �
Offxw
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nw only. Do not write in this area,to be completed by city or town official, i
City or Town: Permit/License#E
Issoni g-Authority(circle one):
I.Board of Health 2-Building Department 3.CRY/Town Clerk 4.IIcctriail inspector 5.Plumbing Inspector
6.Other
i
Contact Person: Phone#
I
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STORE COPY
INSTALLATION SERVICES CUSTOMER CONTRACT- MWORK - INT/EXT/PATIO VALIDATION AREA
DOOR
LOWE'S OF DANVERS, MA., STORE# 1094 STORE PHONE: (978)646-9099
153 ANDOVER STREET SALESPERSON: DENNIS GLENNON
DANVERS, MA 01923 SALESPERSON ID: 1227928
Document Print Date : 10/05/2009
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 con;pleted 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 TMIS 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 MARC JOSLOW 978-686-6007
Customer Address Other Phone
196 SUMMER ST
L City State/Province Zip/Postal Code
D NORTH ANDOVER MA 01845
Installation Address
T 196 SUMMER ST
installation City Installation State/Province Installation Zip/Postal
O Code
NORTH ANDOVER MA 01845
MERCHANDISE AND INSTALLATION SUMMARY
MERCHANDISE SUMMARY
200475: PWFUNIT : SOS : SOS PELLA 750 WOOD PATIO DOOR : SLIDING PATIO DOOR - 2 PANEL SLIDING CONTEMPORARY DOOR : PELLA COR-
PORATION - QTY 1
104377 : CC60-S2S : SOS : SOS TT CLASSICCRAFT PREFIN TC : CC60 SINGLE DOOR W 2 SIDELITES ****"*10% OFF FROM 09/30/09 TO 10/19/09*** :
REEB MILLWORK OF NEW ENGLAND -QTY 1
1049 : 87548 : STK : 1X4X8 RED OAK BOARD : 1X4X8 RED OAK BOARD : BABCOCK LUMBER - QTY 2
Store 1094 Project No. 271844313 for MARC JOSLOW Page 1 of 8
t' STORE COPY
1161 : 1161 STK : 1 X8X8' SELECT PINE : 1 X8X8' SELECT PINE : PRECISION LUMBER -.QTY 2
3551 : STK : PNE LATT 266 1 1/2 X 1/4 10' : PNE LATT 266 1 1/2 X 1/4 10' - QTY 2
18302 : STK : PNE CASE 351 2-1/2X11/16X8' : PNE CASE 351 2-1/2X11/16X8' - QTY 3
19238 : 444-8 : STK : PNE CASE 444 5/8"X3-7/16"X8' : PNE CASE 444 5/8"X3-7/16"X8' : COMMCO - QTY 3
131207 : 131207 : STK : 1X8X16 PRIMED FINGER JOINT : 1 X8X16 PRIMED FINGER JOINT : IRVING FOREST PRODUCTS (MAINE) -QTY 2
Materials Price $ 6825.64
INSTALLATION DESCRIPTION
Stock or S08 : SOS Door Type : Patio
Select Location : Backboor Select New Door : Sliding
Side Lights or Transoms:'No Hidden Damage Description. : None
Number of additional holes bored for accessories : None Install Specialized Mortise Hardware : No
Stock or SOS : SOS Door Type : Exterior
Select Location : Front Door Select New Door : Single Pre-hung
Side Lights or Transoms : Yes Total Number of Side Lights and Transoms : 2
Hardwood (Mahogany or Oak) Door : No Hidden Damage Description : None
Number of additional holes bored for accessories : None Install Specialized Mortise Hardware : No
Install Storm Door : 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 : make sill plates;cover tim/alum.///int-ext.trim Other Work Charge : Yes
Comments : detail fr-entry and rear slider.
Labor Charges $ 1820.00
Detail Deduction -$ 35.0
Additional Specifications:
Notation: Lowe's will not make structural modifications, paint or stain or remove/reinstall security system equipment. Customer is responsible to advise if prop-
erty is governed by Historic District Regulations.
Additional Specifications: The Environmental Protection Agency (EPA) has requested that Lowe's notify installation customers that a lead based paint hazard
may exist in dwellings built prior to 1978. See pamphlet EPA 747-K-99-001 for details.
Store 1094 Project No. 271844313 for MARC JOSLOW Page 2 of 8
t, STORE COPY
TOTAL CHARGES OF ALL MERCHANDISE AND SERVICES
where applicable labor is taxable,check local tax restrictions.
SUB-TOTAL $ 8610.6
*SALES TAX $ 0.0
DELIVERY $ 0.0
ORDER TOTAL $ 8610.6
BALANCE DUE
Work is to comr66 ce:upon reason i lity of Contractor which is anticipated to be! I [fill in date]. t: .
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 ;.e-
cessitated by defective substructures, superstructure, points of attachment, or the moving of fixtures or appliances to be billed at extra cost to customer.
IF THE CONTRACT TOTAL IS $1.000.00 OR LESS Customer must pay in full.
COhl(PLETE THIS SECTION ONLY WHEN THE CONTRACT TOT L EX EED 1 000. 0:
Customer to Pay in Full; OR
[_] ustomer to use the following payment schedule:
(1) Deposit$ 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
L] 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 CONTAINED IN
THIS CONTRACT AND WHICH FOLLOW THE SIGNATURE PAGE(s). BY SIGNING BELOW, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ,
Store 1094 Project No. 271844313 for MARC JOSLOW Page 3 of 8
STORE COPY
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. 271844313 for MARC JOSLOW Page 5 of 8
STORE COPY
TERMS- AND CONDITIONS
1."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 on the face of this Contract (the "Premises") for the Order Total
stated on the face of this Contract(the"Price")and according to the provisions of the Contract documents.The Contract documents shall consist of(1)the face of this Contract,titled"Installed Sales Contract,"
(2)these Terms and Conditions,and (3)any attached sketches, materials lists, floor plans, and/or specification sheets and other addenda or attachments hereto. The Contract documents do not include any
correspondence,advertisements,estimates or other documents that are not attached.
3.INSTALLATION SERVICES. Customer authorizes Lowe's on Customer's behalf to (a)arrange for the Installation Services to be performed by an independent contractor(the "Installer")(licensed when leg-
ally required), (b) issue a work order to the Installer to perform the Installation Services, (c) have the Installer's work inspected, should Lowe's in its discretion choose to do so(it being agreed that Lowe's has
no obiligation to do so),and(d)pay the Installer after completion of the work and after receipt of a certificate,signed and dated by Customer,that the work has been satisfactorily completed(the"Certificate of
Completion"). Customer understands;that Lowe's will rely upon the Certificate of Completion in paying the Installer for the Installation Services. CUSTOMER AGREES THAT THE INSTALLER WILL PER-
FORM THE INSTALLATION SERVICES ACTING AS AN INDEPENDENT CONTRACTOR FOR CUSTOMER AND NOT UNDER THE SUPERVISION OR CONTROL OF LOWE'S. Customer agrees that the
Installation Services do not include architectural/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 definWirrseCtion 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.
"S:PAYMENT:If'the Price is$1;000:00'or less,';payjjWnt of W6 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 bbtain 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 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 theiGoods 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.
Store 1094 Project No. 271844313 for MARC JOSLOW Page 6 of 8
STORE COPY
11. MANUFACTURER WARRANTY FOR GOODS/LOWE'S WARRANTY FOR INSTALLATION SERVICEWLIMITATIONS 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 BY LAW.
Lowe's does warrant that the instalition Services will be performed by the installer in a good and workmanlike manner. Lowe's warranty for Installation services shall extend for a period of one year from the
earlier of(1)the date the Certificate of Completion is signed by Customer or(2) the date that Lowe's determines that the Installation Services have been completed,or for such greater period as may be re-
quired by applicable law governing consumer warranties for workmanship(the"Warranty Period"). LOWE'S WARRANTY THAT THE INSTALLATION SERVICES WILL BE PERFORMED BY THE INSTALLER
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 RESOLUTIOWPOR'dCAIMS 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 info this Contract. If Customer has a complaint which cannot be resolved informally,
''The Hom0m0ov6nient Contractor Law(M.G.L.tc: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 allowrid by statute or applicable law, the arbitrator may award statutory damages and/or'reasonable attorneys'fees and expenses. If Customer fails to pay Lowe's
"in accordance with this Contract, Lowe's shall be entitled to recover its reasonable attorney's fees as provided by N.C. Gen. 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 by binding arbitration conducted by a single arbitrator under the'current applicable
rules,procedures and protocols of the American Arbitration Association (as amended). If the dispute falls within the jurisdiction of a small claims court the claimant may,at its option,choose to arbitrate or file a "
small claims action. Any appeal of a judgment from a small 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, (?)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 disdlosure by Lowe's, related third partie§or the Installer of any non-public pe'rsonal'information about Customer,and/or(11)all other claims arising under or.related to this Contract whethet 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
se6k relief in any other forum or from any other agency. Any claim not decided by a small claims court will be decided by an arbitrator selected,by the American Arbitration Association. Lowe's
and Customer agree that binding arbitration provides a simple, cost efficient method to resolve disputes quickly. Lowe's and Customer therefore agree that no class action arbitration of any type may be
ordered by a Court or arbitrator(s)under this Contract and, in addition,that there shall be no joinder of parties, except for joinder of parties to the transaction covered by this Contract. If a court or arbitrator de-
termines the waiver of the right to class action arbitration or the prohibition of joinder of parties (other than parties to the transaction covered by this Contract) to be unenforceable then this entire arbitration
agreement shall be rendered null and void,and the party bringing such action will be required to bring such action in a court of law.
By agreeing to binding arbitration Customer and Lowe's waive any right to bring or participate in a Class Action lawsuit regarding any claim.
How Arbitration Works:
Lowe's may demand arbitration by sending written notice to Customer at the address listed in this Contract.Customer may demand arbitration by sending written notice to Lowe's at the following address: Mail
code 2ELG, P.O. Box 1000,Mooresville, NC 28115.The arbitration shall be held in the city or county where the Premises are located or in such other convenient location as the Customer and Lowe's may mu-
tually agree.
Lowe's shall pay the filing, administrative, hearing and arbitrator's fees associated with the arbitration. Customer shall not be required to reimburse Lowe's for these expenses even if Lowe's wins the arbitra-
tion.Unless the arbitrator's award specifically provides otherwise,Lowe's and Customer will each be responsible for its own attorneys'fees and other expenses,such as witness and expert witness fees. At the
timely request of Customer or Lowe's,the arbitrator will provide a written explanation of the award so long as such requirement is consisent with the rules,procedures and protocols of the American Arbitration
Association then in effect.
The arbitrator's award may be filed with and enforced by any court having jurisdiction.
If allowed by statute or applicable law,the arbitrator may award statutory damages and/or resonable attorneys'fees and expenses. If Customer fails to pay Lowe's in accordance with this Contract, Lowe's shall
be entitled to recover its reasonable attorneys'fees as provided by N.C.Gen.Stat.Section 6-21.2 or other applicable law.
The parties agree that this arbitration agreement is made in connection with a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act,but if for any reason the Federal
Arbitration Act does not apply,then this arbitration agreement shall be goverened by the laws of the State of North Carolina.
14.GOVERNING LAW AND SEVERABILITY.This Contract shall be interpreted under and governed by the laws of the State of North Carolina except that the Arbitration Agreement and Waiver of Jury Trial in
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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
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 Installer's subcontractors,ma-
terialmen or suppliers,as a condition precedent to payment by Lowe's on Customer's behalf, to fully and unconditionally relinquish,waive and release any and all mechanic's liens, materialman's lien and other
liens in the Premises which the Installer or its subcontractors,materialmen or suppliers might have or acquire in the future,by operation of law or otherwise,as a result of this Contract.
17. UNAVOIDABLE DELAY OR FAILURE IN PERFORMANCE EXCUSED. Any delay or failure by Lowe's or the Installer in performing this Contract because of stike, fire, flood, epidemic, acts of terrorism,
acts of God, inability to obtain Goods in a timely or commercially feasible manner, or any other causes beyond the reasonable control of Lowe's or the Installer shall be excused and shall not be breaches of
this Contract.
18. ENTIRE AGREEMENT/CHANGES IN WRITING.Customer and Lowe's agree that this Contract accurately states the entire agreement between Customer and Lowe's concerning the Goods and Installa-
tion Services and replaces and supersedes all prior agreements and understandings relating thereto, both oral and written, and all oral agreements and understandings entered into at the same time as this
Contract.Any additions or changes to this Contract,or any waiver of rights under this Contract, must be in writing signed by Customer and Lowe's.
19. CAPTIONS.Titles or captions of sections contained in this Contract have been inserted only as a matter of convenience and in no way define, limit,extend,describe or otherwise affect the scope or mean-
ing of this Contract or the intent of any provisions hereof.
20. ADDITIONAL INFORMATION. All contractors and subcontractors must be registered by the Administator of the Board of Building Regulations and Standards. Inquiries about a contractor or
subcontractor relating to a regisfration 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 rensContand/o-.
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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