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HomeMy WebLinkAboutBuilding Permit #144 - 30 GRAY STREET 8/18/2009i yORTF1 BUILDING PERMIT °tttL[° "tio TOWN OF NORTH ANDOVER APPLICATION FOR PLAN EXAMINATION 70 � e Permit NO: Date Received I /� �SSACHUSE� Date Issued: OY IMPORTANT:Applicant must complete all items on this page LOCATION Z Q &-V-'P-4 $-T Print PROPERTY OWNER 3-o,(-- C U S � ► Pri MAP NO:/ PARCEL: ZONING DISTRICT: Historic District yes no !Machine Shop Village yes no TYPE OF IMPROVEMENT PROPOSED USE Residential Non- Residential New Building One family r 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 PREFORMED: v- d-o© v� Identification Please Type or Print Clearly) OWNER: Name: _2Q- CuS ���^ Phone: RFs-C��S'- o�l6S Address: 3 0 .r IQ b [ CONTRACTOR Name: Lawccs o w,tPhone: i Address: l0oo Mbov-e.sytit�Q-,A) L 2Ss-t !S' Supervisor's Construction License: -I- ([ '- Exp. Date: 61 4 1,t Home Improvement License: t ` Exp. Date: to b % /0 3 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: $ 4 f -Tb FEE: $ Check No.: b Z� /�,f-J Receipt No.: a I NOTE: Persons contracting with unregistered contractors do not have access to the guaranty fund signature of Agent/Own ..�--"= ' 'z�' Signature of contractor Location 3L, 6-("LA No. Date — r MORTM TOWN OF NORTH ANDOVER 3? •. 1 - OG F 9 Certificate of Occupancy $ ��s'••° '<�' Building/Frame/Frame Permit Fee $ sACNuse 9 Foundation Permit Fee $ Other Permit Fee $ TOTAL $ Check o-2 264, 4 Building Inspector 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 i 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 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 ❑ 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 thea appeal period is over. The applicant must then et this recorded at the Registry of Deeds. One co and roof of recording PP P PP g g Y PY P g must be submitted with the building application Doc:INSPECTIONAL SERVICES DEPARTMENT:BPFORM07 Revised 2.2008 f f :1 ' FIE ��opy t; INSTALLATION SEI 1/ICES %l� T )!'i C-D 1 - 'T . MWORK - INT/EXT/PATID , • • _ 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 : 07/31/2009 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 JOE CUSHING 978-685-0465 O Customer Address Other Phone 30 GREY ST. L City State/Province Zip/Postal Code D NORTH ANDOVER MA 01845 Installation Address T 30 GREY ST. Installation City Installation State/Province Installation Zip/Postal 0 Code NORTH ANDOVER MA 01845 MERCHANDISE AND INSTALLATION SUMMARY MERCHANDISE SUMMARY 104434 : DT-0194P-SD : SOS : SOS BMTT UNFINISHED FG SMOOTH TC : UNFINISHED SMOOTH SURFACE SINGLE DOOR UNIT DUNTHORPE - PAT- INA CAMING ***THIS PRODUCT QUALIFIES FOR A FEDERAL INCOME TAX CREDIT*** : TRU LOGISTICS INCORPORATED -QTY 1 104434 : DT-192OP-SD : SOS : SOS BMTT UNFINISHED FG SMOOTH TC : UNFINISHED SMOOTH SURFACE SINGLE DOOR UNIT DUNTHORPE - PAT- INA CAMING ***THIS PRODUCT QUALIFIES FOR A FEDERAL INCOME TAX CREDIT*** : TRU LOGISTICS INCORPORATED - QTY 1 39683 : PRODUCTCODE : SOS : SOS RB COMMODITY FBRGLS-DORFAB TC : ENTRY/EXTERIOR SINGLE UNIT, HALF LITE CLEAR WITH GRILLES Store 1094 Project No. 267278126 for iOE CUSHING Page 1 of 8 BETWEEN GLASS :.-')ERVICES, INC - OTY 1 1048 : 87546 : STK ' 1X­4X6 A.'_-_', OAK BOARD : 1X4X6 RED OAK BOARD : BABCOCK I_Ui,\,18EP - QT_Y 2 1161 : 1161 : STK : IX8X8' SELE'-CT PINE : 1X8X8' SELECT PINE : PRECISION LUMBER - QTY 3 18302 : STK : PNE CASE 351 2-1/2X11/16X8' : PNE CASE 351 2-1/2X11/16X8' - QTY 9 42330 : 043156171415 : STK : SN COMBO KNB GEORGIAN : SN COMBO KNB GEORGIAN : SCHLAGE LOCK COMPANY - QTY 1 133355 : 043156171743 : STK : ABZ HANDLESET KNOB PLY/PLY : ABZ HANDLESET KNOB PLY/PLY : SCHLAGE LOCK COMPANY - QTY 1 237386 : 1X8X16ARMOUR WOOD : STK : 1X8X16 ARMOUR WOOD : 1X8X16 ARMOUR WOOD : EMPIRE COMPANY, THE - QTY 3 242989 : 043156171422 : STK : ABZ COMBO KNOB GEORGIAN : ABZ COMBO KNOB GEORGIAN : SCHLAGE LOCK COMPANY - QTY 1 I materials Price $ 2729.44] INSTALLATION DESCRIPTION Stock or SOS : Stock Door Type : Exterior Select Location : Side Door Select New Door : Single Pre-hung Side Lights or Transoms : No 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 Stock or SOS : Stock Door Type : Exterior Select Location : Front Door Select New Door : Single Pre-hung Side Lights or Transoms : No 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 Stock or SOS : Stock Door Type : Exterior Select Location : Back Door Select New Door : Single Pre-hung Side Lights or Transoms : No 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 : b/out jambs [3] drs.instl,.in masonary opening [1]dr. Other Work Charge : Yes Comments : detail front and back dr. Labor Charges $ 1456.0 Store 1094 Project No. 267278126 for JOE CUSHING Page 2 of 8 SWORE k_' Deduction �T-$��36m Additional Specifications: Notation: Lowe's will not make structural modifications, paint or stain or remove/reinstall security system equipment. Customer is responsible to advise if prop- erty is governed by Historic District Regulations. Additional Specifications: The Environmental Protection Agency (EPA) has requested that Lowe's notify installation customers that a lead based paint hazard may exist in dwellings built prior to 1978. See pamphlet EPA 747-K-99-001 for details. TOTAL CHARGES OF ALL MERCHANDISE AND SERVICES where applicable labor is taxable,check local tax restrictions. SUB-TOTAL $4150.4 *SALES TAX $ 0.0 DELIVERY $ 0.0 ORDER TOTAL $ 4150.4 BALANCE DUE Work is to commence upon reasonable availablity of Contractor which is anticipated to be [fill in date]. Estimated completion date is [fill in date]. NOTICE TO CUSTOMER All items listed in this contract and specification sheet(s) are to be installed under conditions agreed upon at time of purchase and at the price appearing on this contract form. This assumes sound existing substructures, superstructure and points of attachments. Extra labor or material incident to installation ne- cessitated by defective substructures, superstructure, points of attachment, or the moving of fixtures or appliances to be billed at extra cost to customer. IF THE CONTRACT TOTAL IS $1,000.00 OR LESS Customer must pay in full. C MPLETE THIS SECTION ONLY WHEN THE CONTRACT TOTAL EXCEEDS $1,000.00: Customer to Pay in Full; OR [_] Customer to use the following payment schedule: Store 1094 Project No. 267278126 for JOE CUSHING Page 3 of 8 "o P y A R f to be paid upon signing contract. 'Depolz total contract price; and (2) Payment of to be paid anytime after this Contract is signed and before commencement of installation, I/We au.-hor:zi_o�.ve s to do one of the following (check-'appropriate box below): Charge my/our credit card for the amount of the payment indicated above anytime after the date this Contract is signed; or Deposit my/our check for the amount of the payment indicated above anytime after the date this Contract is signed; and (3) Final payment of $100.00 to be paid upon completion of the installation and both parties' satisfaction. DO NOT SIGN THIS CONTRACT IF THERE ARE ANY BLANK SPACES AND UNTIL YOU HAVE READ THE TERMS AND CONDITIONS CONTAINED IN THIS CONTRACT AND WHICH FOLLOW THE SIGNATURE PAGE(s). BY SIGNING BELOW, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THE TERMS AND CONDITIONS SET FORTH IN THIS CONTRACT. YOU ARE ENTITLED TO A COPY OF THIS 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 CONCERNING THIS CONTRACT, 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- BITRATION AS PROVIDED IN M.G.L. c.142A. By: Date-. r �Lowe's FAome Centers,44. By Date: tog 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.1 42A. THE OWNER MAY BE PERMITTED TO INITIATE ALTERNATIVE DISPUTE RESOLUTION EVEN WHERE THE SECTION ABOVE IS NOT SEPERATELY SIGhLEQ BY THE PARTI6Q WITNESS OUR HAND(S)AND SEAL(S) BELOW THIS DAY OF----w Lowe's Home Centers, Inc. By: (Seal) Print Name: Store 1094 Project No. 267278126 for JOE CUSHING Page 4 of 8 Addressrer_�...._/ amici i { City State/Province Zip/Postal Code Print me (Seal) Spouse 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. 267278126 for JOE CUSHING Page 5 of 8 TER11L'33 ;CJD CONDITIONS 1."L01NE'S" DEFINED. Within this Contract(as defined on page 1),the term 'Lcw�.,'s`shafl r:;fer to Lowe's Home Centers, Inc.,a North Carolina corporation. 2.GENERAL DESCRIPTION. By this Contract, Customer and Lowe's agree that (!) Custom sr shall p:..rchase and Lowe's shall sell the goods and/or materials (the 't_:ocds''j: 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;his 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 "Instal ler")(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 oroperty 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 defer:ive 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 up,)n execution of this Contract. If the Price is over$1,000 1)0,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 nc­Z 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 ons-third of the Price.Customer agrees to Make a payment for the balance of the Price less the final Dayment 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 contra(i 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 InF-taller 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 per(. (ts then Installer will be responsible to Customer for obta.ning such permits.Customers who secure their o-n 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`:or 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 additic nal 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 i-ifestation ("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. Store 1094 Project No. 267278126 for JOE CUSHING Page 6 of 8 t t r 11. MANUFmCFURF_R?r'.Aftr a) _ T _, ?C s3it,J',yf.'S WARRANTY FOR INSTAI-t-AF101'I SERVIC, LIABILITY.RrStomer is entitled tc ar:v va-r-. tv p the Goods sold under this Co tfr,c Ir;staller ,vili provide Customer with an manufacturer ronsumar N .r<ur ntcrmati„r accompanying the Goods, and Customer n<,y also oo.a„ nfurn z. ?! �i contacting Lowe's. Lowe's does nrn,,•.,ascan,the Goods AND EXPRESSLY DISCLAIMS ALL WARRANTIES rXPR•= S OR Iiv"PLIED. TO THE FULLEST EXTENT FERMI fTED BY LAwV. Lowe's does warrant ghat the in.stallticn Services will be performed by the installer in a good and workmanlike rna.iner. Lowe's warranty for Installation services shall extend for a pen^ci of 7e year -r-in 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 clairn is reinstallation in a good an workmanlike manner, including the repair or replacement of any Goods if and to the extent resonably necessary to correct the defective Installation Ser- vices. CUSTOMER SHALL HAVE NO OTHER REMEDY FOR A WARRANTY CLAIM, INCLUDING WITHOUT LIMITATION REMEDY FOR LOSS OR DAMAGE CAUSED BY NORMAL WEAR AND TEAR, LOSS OR DAMAGE WHICH HAS NOT BEEN REASONABLY MITIGATED, OR LOSS OR DAMAGE CAUSED BY ACTS OF GOD. IN NO EVENT SHALL LOWE'S BE LIABLE FOR INDIRECT, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES(SUCH AS,WITHOUT LIMITATION, LOST PROFITS, LOST SALES, AND INJURIES TO PERSONS OR PROPERTY), EVEN WHERE LOWE'S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHERE, DUE TO OPERATION OF LAW, SUCH DAMAGES CANNOT BE EXCLUDED, THEY ARE EXPRESSLY LIMITED IN AMOUNT TO THE PURCHASE PRICE. In connection with any warranty claim, Customer agrees,at no cost to Lowe's or the Installer,to prepare the Premises and the reinstallation area in the manner described in Section 10 of these Terms and Conditions. 12. DISPUTE RESOLUTION FOR CLAIMS COVERED BY M.G.L. c.142A. Most questions or complaints are resolved informally. If Customer has a question or complaint, Customer agrees to contact the Lowe's salesperson whose name appears on this Contract and the manager of the Lowe's store where Customer entered into this Contract. If Customer has a complaint which cannot be resolved informally, The Home Impovement Contractor Law(M.G.L.c.142A)may provide Customer with the right to request arbitration through a private arbitration program approved by the Director of the Office of Consumer Af- fairs and Business Regulation, as an alternative to court action. The same right is not afforded to Lowe's unless the "Notice Regarding Arbitration Agreement for Claims Covered by M.G.L. c.14?A" above is signed and dated by Lowe's and the owner. If allowed by statute or applicable law,the arbitrator may award statutory damages and/or reasonable attorneys'fees and expenses.If Customer fails tc 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 pern-Ated 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. An appeal of a judgment from a small claims court shall be resolved b arbitration as provided herein. Claims to be resolved by binding arbitration include, but are not lim.ted to (1;) all claims directly or indirectlyrelatedto 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 in")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 damageto collect any s sum Lowe's claims Customer owes Lowe's,(7)all claims asserted by Customer individually against Lowe's and/or any of Lowe's employees,agents,directors,officers,shareholders,managers, members,par- ent company or affiliated entities(herein collectively referred to as"related third parties")or the Installer, including claims for money damages and/or equitable or injunctive relief, (8)all claims asserted on Cus- tomer's behalf by another person,(9)all claims asserted by Customer as a private attorney general against Lowe's, related third parties and/or the Installer, (10)all claims arising from or relating directly or in- directly to the disclosure by Lowe's,related third parties or the Installer of any non-public personal information about Customer, and/or(11)all other claims arising under or related to this Contract whether or not set forth above. Binding arbitration means that Customer waives: (1)any right to a jury trial; (2)any right to bring a lawsuit in a court(other than a small claims court as described above); and(3)any right to seek relief in any other forum or from any other agency. Any claim not decided by a small claims court will be decided by an arbitrator selected by the American Arbitration Association. Lowe's and Customer agree that binding arbitration provides a simple, cost efficient method to resolve disputes quickly. Lowe's and Customer therefore agree that no class action arbitration of any type may be ordered by a Court or arbitrator(s) under this Contract and, in addition,that there shall be no joinder of parties,except for joinder of parties to the transaction covered by this Contract. If a court or arbitrator de- termines the waiver of the right to class action arbitration or the prohibition of joinder of parties (other than parties to the transaction covered by this Contract)to be unenforceable then this entire arbitration agreement shall be rendered null and void,and the party bringing such action will be required to bring such action in a court of law. By agreeing to binding arbitration Customer and Lowe's waive any right to bring or participate in a Class Action lawsuit regarding any claim. How Arbitration Works: Lowe's may demand arbitration by sending written notice to Customer at the address listed in this Contract. Customer may demand arbitration by sending written notice to Lowe's at the-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 Store 1094 Project No. 267278126 for JOE CUSHING Page 7 of 8 STO RE Cha;' L -- above is governed byine Fcderai -;t v-,I. any provision of the Contract!S C,, '�t ;cn unlawful provision shall ft: - ,l .i. S ,r1iii-I'DUt invalidating the other provisions, wnich shell 'er-fain n ful I J erlaf_;; except that, as stated in paragraph 13, if�h,_-vjai�.,ei or clas ,11 at�on,r:r tne prohibition of consolidation or i0id determined unenforceable, then the entire arbitration agreement in pa :)graph 13 will be rendered null and void. cardholder 15. CREDIT CARD/FINANCED TRANSACTIONS. If Curtc!nc-:, ,�sc;s a credit card or obtains financing to pay some or all of the Price, th�_,r� c� a ,-o�,/Iedges that the terms of his or he, agreement or financing documents may change the total amount of money Customer rnLISt pay to the credit card provider or lender, including an, interest onarges and fees. Customer acknowledges that his of, her cardholder agreement or financing documents may have other terms and conditions to which Customer will be subject.Customer also ackno,,,vledges 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 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 or,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, 267278126 for JOE CUSHING Page 8 of 8 VkORTH ONNM OfAndover O S'. -M No. lover, Mass., I� COCHICHEWICK 7� AERATED P' �5 `s E BOARD OF HEALTH M1 D PEli I T %J Food/Kitchen Septic System 0000..� � .................................................................................... BUILDING INSPECTOR THIS CERTIFIES THAT.........�.0�...................... .l. Foundation has permission to erec buildings on ......... ......... . ....... .. ................... Rough to be occupied as...... ........... .............. ........... ......... .. 1 ........Dov Chimney ......... ......................................................... provided that the person acc pting 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 MONT iS UNLESS CONSTR. STARTS ELECTRICAL INSPECTOR Rough ............. Service '1 PECTOR 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. i license Tyoc Home fapravemeat Coatmetar Licftw;E 148685 ttestricCion Company L-ve's Hakes Centers Inc Mame V virr Becker Address P.o,Box 1000-To Dept. City,Std*,Zip +V wevilfe,W,28175 Wraiiem gate 1011$12009 atxa Casrent `� Nlaxsacfutxcits- Depurtmcnt of Public 5afeti Board o1'Buildings Reg;ulatiuri.r•,,n(1 Stun,lstr d� Construction Supervisor License License: CS 71187 Restticted to. 00 RONALD E WACHLIN 12 TUCKERS CT,3RD FL PEABODY, MA 01960 Expiration: 8/4/2011 ��('uuuulKsiwr',' Trip: 18910 RI o VI o 15 .0 2 w° � ^ a 411 �w a e L ! O O w$ e A weee .y LU a W (" $ O . i;, o 0 °ate Ed WUt7Z:0T 600Z ST 'Inf TV22E2S8L6T: 'ON Xtid NOI lOn6iSNOO 0ON06: WOdJ I I The Commonwealth of Massachusetts j (Department of Industrial Accidents j Offlce of Investigations j 600 r Washington Street I Boston,MA 021I1. I s www massgov/arra i I Workers'.Compensation insurance Affidavit-,Builders/Contractom/Electricians/Plumbers Applicant Information Please Print Legiblvi Narne(Business/Org*ni-ration/Individual):_12DUoCb .C�stJs ji2L�C/ �tL � L'J. ct�P1Ll��rv� Address:_ TtVe )Ce.C5 city/State/Zip: Pey9 47lr6i Phone#: Z - S —O �: 1 Are you an employer?Check the appropriate box: Type of project(repaired):. I am a employer with 4. El I am a general contractor and I 6. F1 New construction { employees(full and/or part-time).* have hired the sub-contractors I 2. I am a soleproprietor or partner- listed on the attached sheet:t 7-.Q Remodeling. shipI and have no employees These sub-contractors have 8. Q Demolition ! working.for me in;any capacity. workers'comp.insurance g. .©Building addition + [No workers'comp.insurance. 5;.D,We are a'corporation. nd its 10:�Electrical repairs or additi� required] of&cers have exercised their j 3.❑ I am a homeowner doing all work right of exemption per MGL 11.[]Plumbing repairs or adtiiti ns i myself.[No workers'comp, e.152,§1(4),-and we have no 12.[]Roof repairs insurance required]t employees.[No workers' comp.insurance required.] I3.49.Other"�S do/2 S I l Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy infonnation. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating,such 'Contractors that check this box must attached an additional sheet showing the name orthe sub-contractors and their workers'comp.policy information..{ . -= I am an employer that is providing workers'compemadon insurance for my emplUm Below is the policy and jab site I information I . Insurance Company Name: Policy,#or Self:ins.Lic.#: Expiration late; j Job Site Address: City(StatetZip.; I Attach a copy of the workers'compensation policy declaration page(showing the policy number and expiration da*I). Failure to secure coverage as required under Section 25A of MGL c.152 can lead to the imposition of criminal f �p penalties o 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 j Investigations of the DIA for insurance coverage verification. j Ido hereby certl,fy/y under the pauu and penalties of perjury that the Wororation provided above is tate and correct SSSignature: 4 Date Phone Official use only, Do not write'n this area,to be completed by eitg or town official City or Town: PetTnitlLicense# Issuing Authority(circle one): 1.Board of Dearth 2.Building Department 3.City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector 6.Other i Contact Person: Phone M. i I I i