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Building Permit #390 - 35 TURTLE LANE 11/18/2009
TOWN OF NORTH ANDOVER APPLICATION FOR PLAN EXAMINATION Permit NO: Id Date Received Date Issued: IMPORTANT:Applicant must complete all items on this page LOCATION 5 T� �'�` e, Lr,� Q.. Print PROPERTYOWNERw,.y ` / Print / MAP N(� PARCEL:/ Z ZONING DISTRICT: Historic District yes no Machine Shop Village yes no 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: o, cQyw e v%.-(-' W v`&0 w Identification Please Type or Print Clearly) OWNER: Name: Tv-o►1k, c Phone: Address: 3 ! La.v% ,P-- CONTRACTOR Name: ��py�I-- 11i•w L( Phone: (o d 3 3 (a Z- cj ' Address:, c ,I, aa, a 'L i v`S©ice , H 03 £f 1 r Supervisor's Construction License: 4 3 `a T-,5— Exp. Date: /10 Home Improvement License: 1 23 7-y-2. Exp. Date: 3 1 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: $ SIs-- FEE: $ `f , 9L s� Check No.:1� -)-G 7 �. 01 Receipt No.: NOTE: Persons contracting with unregistered contractors do not have access to the guaranty fund a ure o ge "`�----- Signature of contractor 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 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 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 Ty�" —` ( � — No. U Date /Z NORT„ TOWN OF NORTH ANDOVER 0� .to ,a 1h.0 1A 9 Certificate of Occupancy $ ITS cMusEBuilding/Frame Permit Fee $ Foundation Permit Fee $ Other Permit Fee $ TOTAL $ Check � 4a�� r 226 ;x;, Building Inspector t M:`r�3`3u',a � 3 c',1: 1, i:..�a f,,. c / - ... t �`� {"7r29�"20@1 `'�1dx 07# @33629946 K 1 � ; ,. CUSTOM DESiCN R -_ -. . . FACE 0, ry.. 1 v .. -y .a .. :. -.. , c r a fi} 1 a fr' fi, I "i . ti13e��aclueeMe,-flep.ttFeet�slFuh�fc S `�►artl taP Bueitlinn .Ict�, �teeNat�s� s aatltaeed.�ri C-I S,tTLI006 t*OV16 ;Ltcegse . CS ' 7S e i2estricted a to rflp y' !EPHEPF IIA`RpL t 3COTTSQ,q ,R[1 f(1 it l J it'.I',� itll II II fYl I I y I 1 l ftl t dll 4. 1 11 1 f�' •1 f f I II Ill � fiVSQN,►�t�l38j9 iQ ,�y Exp�ratan imp 1 f:gtttintwci+gfmr Tr# ., } by ;}. :i. «, { ""A 4 2 4 .l_ a ' . S 1 t z�,, 7�-k'u i f 4 i 1 i y y �� ti, ,c . ,y %rdcf > r H 3eAEPR map CON CRA CfiOR 72374 pieaHon X07 7 rttg 22410'.' �M g 3 - .;, , SIH 03877 A$pelo�strR�o r . �, r� C i?3 I ... l i F 1 .. - C fi� -' , j t _ d I . NORTH Town of t 4 L Andover .O r.M.4w lti�.h V, :��.. V" No. 3 I. On Q . - L A I(E dover, Mass., g COCIi1CMEWICK y�. 7�ADRATED S BOARD OF HEALTH PERMIT T D Food/Kitchen Septic System 00". • BUILDING INSPECTOR THIS CERTIFIES THAT.. r.V.4� ................. .... ''..Q..1! I...4+............................................................................. Foundation has permission to erect.. buildings on ..... Ar............� A.L%W.......� Rough to be occupied as........... .......... .... 11►. .V�!! .......Q. Chimney .................... provided that the person accepting this permit shall in every respect conform o the terms of the application on file in Final this office, and to the provisions of the Codes and By-Laws relating to the Inspection, Alteration and Construction of Buildings in the Town of North Andover. PLUMBING INSPECTOR VIOLATION of the Zoning or Building Regulations Voids this Permit. Rough Final 9 PERMIT EXPIRES IN 6 MONTHS ELECTRICAL INSPECTOR UNLESS CONSTR ST'R.TS Rough ...... .....................................................................................................0000 Service BUILDING INSPECTOR Final Occupancy Permit Required to Occupy Building GAS INSPECTOR Rough Display in a Conspicuous Place on the Premises — Do Not Remove Final No Lathing or Dry Wall To Be Done FIRE DEPARTMENT Until Inspected and Approved by the Building Inspector. Burner Street No. SEE REVERSE SIDE- Smoke Det. . ..: : . . . . h e e'ommo nwealth oftYlErssa�hunelts epurtntet�t of Indatsiat�4ccident� ;, ®fj�c1. e of In�e�tcgataor�s =` I �ashit�gt�n,Strer .et hbstoh-MA D2I11 1 1,, II I l : �'•.•-.I 1.0 ' I' P N II.;1 I 1 t k 11 i.:!:1 Itll , 1 L 1) l 1 ?. Wo1i -rkiers' Compensation Insurance Affidavit: builders/CoatractorslEiectr�r2as�P A Izca>at Info1-mation h ►nlii�>i ^ k 5 ��ease Prt>Itt LE b . N2 ;($us�ness/OsgailzattonlindI.ividual) CCCL�L a\\y� r f I t ff I �i- I. 1 1.;! !;• it 'illi! x'11 rl1,1111 !1! I ' 1�.- . " s ca Crty�State�Zp k-i ut1. O1� D3 1 i Phone# , r t - 11Are you.an eanployer'�Checkthe a `r PP ap .ate box i !r ti i u�i�rl �, n",! ,r! ail G to ig ❑ 1 azn a employer with I am a gene Tom$of p o)ec���req i� , Z, t , 1 4 I I " ral contractor and IIlz: �?, 2 �el ployees(fuL aid/or parte);* have ked the snb contractors 6 0 Nevi'constructton �t i am a sole propnetor oI.r partner fisted on the4 tached sheet 7 `R.emodeling ship and have no employees The§e sub comtraCkors have: g� Demolition k .~ >` workmgf forme uI any capacity employees and have workers' Q M' ,y [moi?woxkers'comp Insurance m�11p insurance tOii, ]Bu1ld adetliasll `,"Ilk., :i co 9 , required'] " g We are a corporation and Its 10 Eleetncal epi or%a�t� itzoitsa. .4 f _ A ❑ I aFn a homeowner doing all work officers have exercised their �, a" y t ( Y.- Plumb 4 { myself jNo workers' comp % nght o1�1f exemption:ger MGI: FeP or it{OIiS II © IFIg 1 f enc�araeece required;]t c l'S2,§1(4),aI .nd we have no I2❑ oof Fepatrs , _� i. P. employees [No workers' f Q Other b ' comp msurpnce Fequ:hdj h z^ta 7' F k Y y 1 f �`G t Yap Il 11 that checks box 1 must Iso fill ou[the section below showing ttieu workers confp'ensateon pole1 ue,- ., . r FIoeteeowner5 who se�bmet#hes affidavit ndecatmg_they are doing a!I work and Bien hue outside con " �.,,,,,,,,yy,,I�� 1 r+, ? , x'4'..s t 7fj. . ,1 4 - k ttactm in a > 1,- - xU. `°fnxY.;f 11 1& tis khat ehec�11i>S boa;must.attaeh@d tl,:,i, „,; ,l.yl,l I t, I w I�yl�t a ndlivat t sllrtt, r a�� r r �empToyees `i£rhe sCtl�cohtraetos 1` 6ona�sieefirowueg�eename othe°sub ccmtr�Ors anti state"vx�eet3►et ar tiotth e �� � 7" .\ have employees:they mustprovede thea workers co t xI. mp:poIecy feu bei �µ r N t s i v. ...� r v r S .c cf t.ta3, �'° , -ftp Oyer:hik XS TOI+IdJll =x "r P g workers borrtpensation tnsurance or my -1103�ees. B,el is t1�e jid `,�ebI -s , �sz *' , x 17LfOTfrt[dtitllt, G �1 � r Iiis�T;aiice Company Name s r 3 t , Policy#or Self ms Lic # xplratinn Date: ;. 4 ejp 1. ,x ` 2 r c - 1. , Site Address : 11 , s Attach a copy of x11e workers'co[n ensatron Grty7StatefZl v ,,a k ¢, 11-1. P policy declaration page(showug the Isohcyuunb�er ant�cptratq:fa +ek z� Failure to secure cove1.rage as regi lied under Secfion 23A of MGL c 152 can lead to the mpoysrtion ofd:e ,I.,4,es o ,;, fine up tb$1,500 00 and/o"r one year Imprrsonnieiit,as well as civil penalties M" file farm-of a STOP WE R LSE `allzt A r of ug to$ASO 00 a:day against the::vialatq Be advised that a copy of this statement ma be forwarded to t11e"�� " '. - % Testigat�ons o e DlAkfor Insurance coverag .venficatlon. 11 x ,.c r t Q =P, .1.,. - s r Zdoshereby cern ren er Else ams and alF 'o p e x �� , d } i P., jury that.the informatu�rt provided above rs trre`and co5rrect ' r!3 s - r SI afore Date 0 9 ! .'.4 1 3.' -{T .. Phone# ,"' `; w :,� , Of 1.rekai uke only Da riot Wrue to ihu area,to:be co feted b c y h i. mP y or town ojfu:aL My w �;- City or T own s , Permlt/License 'ISSniII 1�•IItlibhti(1. 2. t S ° C1FCle One)' L� 1:BodrrI�of Health 2 $ulIdin I3e a %31 f n� g p rtinent 3 CItyPI'own Clerk 4.Electrical tnspectorf S PIII bfng Ins ectbr c. Y r g , b Q1:91ther , a ~ , t y„ `t CtiatactPerson > is -:� �r Pho ne#` :. -.. . 5. STORE COPY INSTALLATION SERVICES CUSTOMER CONTRACT .MWORK-WINDOWS • - LOWE'S OF DANVERS, MA., STORE# 11094 STORE PHONE: 978,`646-9099 153 ANDOVER STREET SALESPERSON:DAVID MCCARTHY DANVERS, MA 01923 SALESPERSON ID: 135953 Document Print Date:11/04/2009 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 reterred 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 BRUCE TRONIC 978-682-9668 o Customer Address Other Phoria 35 TURTLE LN. Ciiy State/Province _ Zip/Postai Code D N-ANDOVER MA 01845 Installation Address T 35 TURTLE LN. . Instaiiation i ity Installation State/Province Installation Zip/Postal Code N-ANDOVER MA 01845 MERCHANDISE AND INSTALLATION SUMMARY MERCHANDISE SUMMARY 313792 : HTDVAUNIT : SOS : SOS 850 PELLA RENO WIN TC : LARGE FIXED WITH FLANKERS DOUBLE HUNGS PELLA CORPORATION - QTY 1 313792 : HTDVAUNIT : SOS : SOS 850 PELLA RENO WIN TC : FULL SCREEN.: PELLA CORPORATION - QTY 2 27172 : 24#SE.10 : STK : 2X4X10 TOP CHOICE KD WHITEWOOD : 2X4X10 TOP CHOICE KD WHITEWOOD : CANFOR WOOD PRODUCTS MARKETING - QTY 2 193577 : 36110FJPMD : STK : PFJ CASE 361 2-1/2X11/16X10 : PFJ CASE 361 2-1/2X11/16X10 : EMPIRE COMPANY, INC.(THE) - QTY 2 193582 : 36170FJPMD : STK : PFJ CASE 361 2-1/2X11/16X7 : PFJ CASE.361 2-1/2X11/1'6X7 : EMPIRE COMPANY, INC.{THE) QTY 2 ;tore 1094 Project No. 27445.1738 for BRUCE TRONIC Page 1 of 7 STORE COPY 237380 : 1X6X10 ARMOUR WOOD: STK : 1X6X10 ARMOUR.WOOR. 1X6X10 ARMOUR WOOD EMPIRE COMPANY,THE -.QTY 4 Materials Price $2968 1 INSTALLATION DESCRIPTION Room : Living Room. Different Size Windows in Area : 1 Total Linear Feet of New Custom Trim. .:28 Total Windows on Second Story or above : 1 Storm Windows :None or Customer wil(bandle. Total Number of Window AC Units : None Window Capping : Nr, - Replace Window Stop/Sill'/Brick I"' u)d: No Existing uamage : Yes- Description of Existing.Damage to repair : REPAIR AREA ARO OND WINDOW Hidden Damage Charge ` 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 : None Comments : MEASURE FOR LARGE FIXED WITH FLANKCRS. M20 COPY TO BE FAXED WITH DETAIL Labor Charges $ 922.0 Detail Deduction' Additional Specifications: Notation: Lowe's will not make structural modifications, paint or stain or remove/reinstall security system equipment. Customer is responsible to advise ifro erty is governed by Historic District Regulations. p .p".. Additional Specifications: The Environmental Protection Agency (EPA) has requested that Lowe's notify installation customers that a lead base d 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 taxab[Ae,check local tax restrictions. SUB-TOTAL $3855.1 *SALES TAX $ 0.0 DELIVERY $ 0.0 ORDER TOTAL $385$.1 BALANCE DUE Store 1094 Project No. 274451738 for'BRUCE TRONIC Page 2 of 7 STORE COPY Work is to commence upon reasonablae availablity of Contractor which is anticipated to.be- Jfill in date]. Estimated completion date is f7 [fill in date]. NOTICE TO CUSTOMER All Iteirs listed in this contracfand specification sheets) are to be instalfed�6hder conditions agreed upon at time of purchase and-a the price a Barin pp g 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 attachm&:1, or the moving of fixtures.or appliances to be billed.at extra cost to customer. IF THE CONTRACT TOTAL IS $13000 00 OR LESS Customer must pay in fu II COMPLETE THIS.SECTION ONLY WHEN THE CONTRACT TOTAL EXCEEDS$1,000.0o: Customer to Pay in Full; OR [_] Customer to use the following payment schedule: (1) Deposit$ 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 signe-d and before commencement of installation, I/We authorize Lowe's to do one of the following (check ,apro.oriate.box below): . [_] Charge my/our credit card for the amount of the payment indicated above anyrtime after the date this Contract is signed; or [_] Deposit my/our;check,for the am Bunt 7f the payment indicated abov anytime after the date'his Contract is signed'and (3) Final payment of$100.00 to be paid upon completion of the.installation and booth 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 FO LLOW THE SIGNATURE'PAGE(s):.BY SIGNING BELOW, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THE TERMS AND CONDITIONS SET FORTHI IN THIS CONTRACT. YOU ARE ENTITLED TO A..COPY OF THIS CON- TRACT AT THE TIME OF SIGNATURE. NOTICE REGARDING ARBITRATI.ON 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 CONSUM ER AFFAIRS AND BUSINESS REGULATIO NS AND THE OWNER SHALL-BE REQUIRED TO SUBMIT TO SUCH AR BIT ATION AS PROVIDED IN M.G_L.c.142A. BY: AA Date.-, E f c-) L-I - o r-, Store 1094 Project No. 274451738for B UCE TRONIC Page 3 of 7 STORE CC)P, Lowe's Home Centers In,_,� B Date:` . Owner By: Date: S ouse THE SIGNATURES_OF'T#iE PARTIES ABOVE APPLY ONLY TO THE AGREEMENT OF THE PARTIES TO ALTERNATIVE DISPUTE RESOL UTION INI TIATED BY-LOWE'S PURSUANTTO M.G.L.c.142A. THE OWNER.-MAY--BE PEMA ITTED 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 DAY OF Lowe's Home Centers, Inc. BY: (Seal). Print Name: Address - (Seal) wner City State/,Province Zip/Postal Code int Name a Spouse '(Seal] Print Name Customer acknowledges receipt of a true copy which was completely filled in prior to Customer's execution hereof. You the customer may cancel this transaction 3t any time prior to midnight on the third business day after the date of this transaction. See the attached Notice of Right to:(,ancel for an explanation of this right. Store 1094-Project No. 274451738 for BRUCE TRONIC Pa ge:4 of.7 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 an y correspondence,.advertisements,estimates or other documents that are notrattached. 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 - Com`pletion"). 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&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 jqr providing any necessary architectural/engineering services or st bbtual,changes to the Premises or an other services nspecifically p '' Y identified-in this Contract. ,:. - ..: of specifically Y 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 tP P Y he ro ert 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,b 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 - 6. 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 J, 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 carder. 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 tadinances and other laws.Lowe's shall be respong�L)le 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 pormi s then Instailer 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- dinan-.e or other law which requires additional GO.odS 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 Preal property easements,covenants,homeowner's association rules or rights of third parties holding an interest in'the real:property being improved. 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,�L"owe'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,'the.n 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 Soods 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 xovided below if Lowe's notifies Customer of its electron to terminate this Contract after the earlier of delivery of the Goods and the installer beginning performance of the Installation Services. Inthe ever t.thatY- _owe'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 . )r 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 :ion,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 -equirements of a particular space or environment.Examples of custom-made goods include,but are not limited to,cabinets,countertops;floor and wallcoverings,and window treatments, If Lowe's terminates :his 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 ;ondition. 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- ying 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- ;taller 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 'remises 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 it 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- omer 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 lot 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 )ecomes 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 'HYSICALLY ASSISTING WITH DELIVERY OF THE GOODS OR WITH PERFOMANCE OFTHE INSTALLATION SERVICES. Store 1094 Project No. 274451738 for BRUCE TRONIC Page 5 of 7 STORE.COPY 11. MANUFACTURER WARRANTY FOR GOODS/LOWS-S WARRANTY FOR INSTALLATION SERVICES/LIMITATIONS OF LIABIN.ITY.Custorner is entitled to.any warranty provided by a manufacturer . 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 b f contacting Lowe's. Lowe's does not warrant the Goods AND EXPRESSLY D ISCLAIMS ALL.WARRANTIES; EXPRES$:OR IMPLIED,Tb THE.FULLEST EXTENT.PERMITTED BY LAW. y Lowe's does warrant that the Installtion Services will be performed by the installer in a good and workmanlike manner. Lowe's warrantty for Installation services .PERMITT fora period of one ear from t earlier of applicable lie date the Certificate of Completiwn is signed by Customer o+r(2)the date that Lowe's determines that the Installation Services have been completed;or for.such.greater period as may be ee quired by applicable law governing consumer warranties for workmanship(the"Warranty.Period")..LOWE'S WARRANTY THAT THE IN STALLATION SERVICES 1NILL BE PERFORMED BY THE INSTALLER IN A GOOD AND WORKMANLIKE MANNER DrOES NOT COVER, AND LOWE'S,WILL NOT BE RESPONSIBLE FOR, ANY DEF.E GT.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 OIR 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 seekiing recourse or remedy exclusive under this Contract. Customer must give Lowe's written notice within the ly from Lowe's or the Instatller(as applicable)and l that no off. iliate of Lowe's shall have any liability 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 manne-r,including the repeir-or replacement of any Goods if-and too the extent resonably necessary to correct vices. CUSTOMER-SHALL HAVE NO OTHER REMEDY FORA WARRANTY CLAIM, INCLl1Edefective Installation Ser ING WITHOUT LIMITATION REMEDY FOR LOSS OR DAMAGE CAUSEp BY NORMAL WEAR AND OR-,,DAMAGETEAR, .LOSS OR DAMAGE VVHICH HAS NOT BEEN REASONABLY MITIGATED, OR LOSS OR-,,DAMAGE CAUSED BY ACTS OF GOD. IN,NO EVENT SHALL LOWE'S BE-,0ABLE.FOR INDIRECT, PUNITIVE CONSEQUENTIAL`OR INCIDENTAL DAMAGES={SUCH AS;WITHOUT LIWITATION;LOST.PROFITS;LOST:SALES,AND,INJURIES-TO PERSONS OR PROPERTY EVEN:WHERE ADVISED OF THE'POSSIBILITY OF SUCH--DANAAGES.,WHERE, DUE Tc3 bPERATION OF LAW::SUCH DAMAGES'CANNOT BE--WXCLUDED,,T.HEY ARE EXPRESSLY LIMITED j LOWE'S HAS BEEN Y Y 9 r descN AMOUNT,TOyTHE PURCHASE PRICE. In connection with an warrant claim,Customer a ree�,at no cost to Lowe's or the Installer,to prepare the Premixes and the reinstallation area jn the manna N A' in Section 10 of these Terms and Conditions. r 12. DISPUTE RESOLUTION FOR CLAIMS COVERED BY M.G.L. c.142A. Most questions The Home Impovement Contractor Law(M.Gtions or complaints are resolved informally. If Customer has a question or complaint Customer agrees to contact the Lowe's salesperson whose name appears.G this Contract and the manager of the Lowe's store where Customer entered into this Con-tract. If Customer has a complaint which cannot be resolved informally, .L.c. 142A)may provide Custorner with the right-to request arbitration through a private arb-itration program approved by the Director of the Office of Consumer Af- fairs and Business Regulation, as an alternative to court action. The same right is not afforded to Lowe's unless the"Notice Regarding Arbitration Agreement for Claims Covered by M.G.L.c.142A"above is signed and dated by.Lowe's and the owner. If allowed by statute or applicable law,the arbitrator may award statutory damages and/or re?.asonable 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 Uy.N.C.Gen. Stat.Section 6-21.2 or other applicable law.To the fullest extent permitted by law, Lowe's arc Customer agree that no class action a rbitration of any type may be ordered by a Court or arbitrator(s) under this Contract an d, 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 la w: 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.1-42A 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 AQrbitration 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 frown 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 aRtempt 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 ir;tentior.- aI torts, (5) all claims based upon a violation of aray state or federal constitut ion, statute or regulation, (6)all claims asserted by Lowe's against Customer, including claims for money damages to collect any aum Lowe's claims Customer owes Lowe's,(7)all cclaims asserted by Custom er individually against Lowe's and/or any of Lowe's employees,agents,directors,officers,shareholders,managers,members,par- sntcompany or affiliated entities(herein collectively referred to as"related thitrd parties")or the Installer,including claims for money damages.and/or equitable or injunctive relief,(8)all claims asserted on Cus- :Omer's behalf by another person; (9)all claims asserted by Customer ass-a private attorney general against Lowe's,,related third parties-and/or the Installer, (10)ali claims arising from or relating,directly or in- lirectly to the disclosure by Lowe's, related third parties or the Installer of anw'non-public personal information about Customer,and/or( 11)all other claims arising under related to this Contract whether or . iot set forth above. Sinding arbitration means that Customer waivems:(1)any right to a jury trial;.(2).any right to bring a lawsuit in a court(other tflain a small claims court as described above an :eek relief in arty.-other forum or from any other agency.Any claim not decided by a.small claims court will be decided by an a rbitrator selected by the American ArbitrationAssoc any right to rrd Cut a Cougriae.thbltbindi s un p resolve disputes quickly. Lowe's arid'Customer therefore agree that no ciass,actio.n arbitration ofany Lowe's rn Customer a ree.that binding arbitration provides a simple, cost method to any type may be Y ( .) der this Contractand,in addition,that there shall be no joinder of.part ies,except for joinder of partiers to, transaction covered by'this'Contract, If a court or arbitratoP:de ermines the waiver of the right to class action orb itration or the prohibition o f joinder of parties(other than parties to the transaction covered by this.Contract)to be unenforceable then this entire arbitration igreement shall be rendered null and void,and the party bringing such actiorr will be required-to bring such action in a court of law. 3y agreeing to binding arbitration Customer and Lowe's waive any right-to bring or participate in a Class Action lawsuit regarding any claim. low Arbitration Works: owe's may demand arbitration by sending written inotice to Customer at the address listed in this Contract.Customer may demand arbitration by sending written notice to Lowe's at he following address:Mail ode 2ELG, P.O. Box 1000,Mooresville,NC 28115•.The arbitration shall be held in the city or county where the Premises are located or im such other convenient location as the Customer and Lowe's may mu- jally agree. owe'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- on. Unless the arbitrator's award specifically provides otherwise, Lowe's and-Customer will each be responsible for its own attorneys'feels and other expenses,such as witness and expert witness fees.At the mely 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 ,ssociation then in effect. he arbitrator's award may be filed with and enforced by any court having juris-diction. 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 e entitled to recover its reasonable attorneys'fees as provided by N.C.Gen.Stat.Section 6-21.2 or other applicable law, he parties agree that this arbitration agreement is made in connection with a transaction involving interstate commerce and shall be go%rerned by the Federal Arbitration Act,but if for any reason the Federal rbitration Act does not apply,then this arbitration agreement shall be govererned by the laws of the State of North Carolina. l 4.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 ,tore 1094 Project No. 274451738 for BRUCE TRONIC Page 6,of 7 STORE COPY paragraph 13 above is governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16. If any.provision of the Contract is contra to an law to which it is subject`6uc contrary Y J h 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 tfie.wajver of class action arbitration,or the.,prohibition of consolidation or joinder, is determined unenforceable,then the entire arbitration agreement iri 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 eof 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 othe r 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 to almen or suppliers,as a condition precedent b payment by Lo we'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,mat-erialmen 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 iand Lowe's agree that this,Contract accurately states the-entire agreement between Customer and Lowe's concerning the Goods andln tion Ser✓ice`s and replaces and supersedes all prior agreements end understandings relating thereto, both oral and written and all oral agreements and understand in s-entered into st1his `Contract.Any.additions or changes`,to' his Contract .or anyvwaiver "of=rights under_this Contract;must-,be in writing signed:b Custo%ner..and:Lowe s::. g oat the same{Ime as•.this 19.CAPTIONS.Titles or captions of sections contained.in•this Co ntract have been inserted onl -as a matterof convenien a and in cn ing of this Contract or the intent of any provisions hereof. Y o way define.-limit,`extend describe orptherwise affect the:scope or.mean_` 20. ADDITIONAL INFORMATION.All contractors and subcont ractors 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 ithe Administrator of the Board at One Ashburton Place;Room 1301,Boston,MA 02108,(677)727-8598. 21. QUESTIONS OR CONCERNS.Customer.should speak with t he 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 concernsCustomermay 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. 274451738 for BRUCE IRONIC y. Page 7 of 7