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Building Permit #337 - 49 CROSSBOW LANE 10/26/2009
TOWN OF NORTH ANDOVER APPLICATION FOR PLAN EXAMINATION Permit NO:—33 Date Received Date Issued: ` IMPORTANT:Applicant must complete all items on this page LOCATION Lr o S c, w CA-h Print PROPERTY OWNER -�--,-- int MAP NO "PARCEL ZONING DISTRICT: Historic District yes 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: 22 Ix 3 �ut�(P S Identification Please Type or Print Clearly) OWNER: Name: R.L e L Phone: 7-8- ° 9S-- 213 2 Address: g l_N m ©w CONTRACTOR Name: Phone: q - yS-- S36 Y I Address:--,5 r=ocs '© ( S vh I M A b t Supervisor's Construction :License: � �- ��`3 Exp. Date: 10 z/l Home Improvement License: 1 �fi r*v fi�£s' Exp. Date: 10 P46 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: $ 1 C 4142 FEE: $ A108 — Check lO8Check No.: C:)'-�/"h5 Receipt No.: z:z_ NOTE: Persons contracting with unregistered contractors do not have access to the guaranty fund ignature of Agent/Owner'� - Signature of contractor Plans Submitted Plans Waived Certified Plot Plan Stamped Plans Location-� f�Z�4S0�1•s.� No. 3� Date �� 6• �� NORTq TOWN OF NORTH ANDOVER 3? �t !• 'rOC � Certificate of Occupancy $ ..�__. s�cBuilding/Frame Permit Fee $ D Foundation Permit Fee $ Other Permit Fee $ TOTAL $ Check # � D-3 2 L J i Building Inspector 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 Departmentriot to issuance of Bldg Permit p g 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 { 1 fA w a r ,x The.0onsMoateaeltJa Of tiressacltasseitg s { .F9epa�nt ofIrFdrrsttaat Accidents Office:of Investigations 6.00 Washhz,gton Street Boston,M,4 02111 WWWW-wt s gov/daa: t �Vorke%'s' omgemsat%on Insurance.Affidavit:-Builders/Contractors/Electricianapiu,nflaer§ xAlacant Iulorffiat%oi Please Pant Let=_ibll ikiile(8us�nessJQsganscahonRnchvsdual) �(1 tj`�Srr`.:t ` 7. t �S#ate dip M rcG' Fhvne# A ` { Are you an emplaer�Qfie the aPPa Mite bogType : i I am a em�loye�with 4 1 am a general contractor and I of project( ) b ,Q New construction entplo ees(full andlbr:part tune}* liave:huedthesub-contractors 7 Remodel' 2. am a sole ptzipn�3r or partner ` listed on the attached sheet t' Q ?�' { shtp'and have uo employees Itiesesub confiactors Have 8.:F1 Denioution world fat nesn an worIt?exs comp,inswrance. 9, [�Building addition i1Vo workeis':corm,uisurance 5• Q We aie.a.corpo'ation and its . iequued} : officers have exercised their M FI Electrical repairs or additions homeowner doing all work right of exemption per MGL l l.❑Plumbing repairs or additions k'"t myself[No workers'camp c iS2,:§1(A);and vi a have no 1.1 Roof repairs k '3' utsttratice aired t employees [NO,workers,, : comp i»sttrazicerequired 13r]Other Airy a canr`ttua chectta box mii4ta25o fill out the secttonbelowslwMq didir workc&compcusadoa pohcyinFocmadon. { # turned ecs w�fia submit ttsork ani then dire aidside conaaetms west submit a.new atf'idaait indicatin such. s ^C0(+tradWts that check tins bo�c ted:an:sosffit sheet showing ther+ame of the sub-contractcus and their workers'cum p,policy information. l ;tr rttt- �ptafer that is prtividaxg`workers'carnpetosafitsit warwee jor my wnpto}iee& &.1011,is to policy and joh sate -, rti,fortnatlot: I stnance Gor any :Name: r 1?olicy#or.Self urs?:Zie f3 Expiration Date: Job Site t�ddte ss (:ity/StatelLip: k�tt ldi a CD of the wat'ke 'co nsatton deClarahan a sit PY Pug { owing the policy number and expiration date) . pa2lurgkq sepaue eaWerage regtured zmder Section 25A of MGL c<I52 can:lead to the mipasition of txiiiiiial penalties of a rie trp ib 514A1}W anptor ono-year u�prisonuaieaf,as w las civil pepalhes n the dorm of a.•S O AUORK ORDER and a fine a€ to250 b0 a da a :.� y gamst the violator Bt advised that a copy of this'staterr*h may,be forwarded to-the Office of Invgahons of tire{ fstnsruan :aoveragevenfication d do hereby Certify derthe patxs attic penalties ofperja ey that the infon"att®m provided above is'T and con-ect C ' ci,Use Only IIa nor wrtre in this w, to he completed by city or town orwiat Citybr:Towtu tt )PermitrUcease I Board of: ea tfa 2 13ui%daag Deparhttent 3 Cz$yPTown Clerk 4.It lectricai%nspecfor 3.Flnnibing:%sispectos ft.®t%ier i� Phone#::. a, ?f 1 F . . . .. . . . . . } , . . F - % t ,:' .F - - - N. . :. - _ - 1. - . I - - :: A - _ . . ::� ( :. , Oct 23,:. 12 36p p 1 . , h . . ���'�1..� r 9.1..r�..�.,:I . .I..-I . I.�I I i:1.9I r.I I.-..r,:j I...._.I r .- �:9 I.I'.I I.r I I I�...... �I-r.rr.,-�..9.�,r. 9... I ....I.I.11p..��I-... .� — .. ° 1 toxic. ttt. petaartrtienr :f>'ith€ic Nati•r� t3aritrti r)r,Stuiiclin,I Rc�alill it.n, incl �t:inil:►rcl. . . . License: S: :r8.19 . r. . r I 9. . Restricted to; a0 , . . :.; ' MICHAEL T DEMIElLE BRISTOL ST . 1 SALEM,.MA 01.970 . �` . . . ..' . "t . 5:—: -- ^�- r te: Exprratmn: 9fl/3Qoj1 .. . . . ( +met�%I4.0�k. =: 88Q1 . . : . ... . : . .. .r 9 t �,:,, I.. . ,: :;. , n t� a , s �' c d ,. F i r ,. r r. d pi "� ,� {F ,', i ' '' r, z z - '.„a• r F- a .r .� u,. ; t d .� � z _ Y q �.:k e , ,y s ,� r ;�,'�fir,ns r M .L -jrc + r "� 1 kis r, v” r + z`. �. �' .r,� y ti :i s r Sir ,' a � a . ey 5 f - .si ,.. _. 4 til ' i .. 1 ' t t �xORTH Tolwm . of gAndover . No. ` =LAKE dover, Mass./ COCMICHE WICK Ao?ATE0 PQM` �� `S BOARD OF HEALTH PERMIT T D Food/Kitchen Septic System BUILDING INSPECTOR THIS CERTIFIES THAT.........RewX...........ermt...4 ................. .................... ....................... Foundation has permission to erect........................ .......... buildings on .......�/�..... .�e ....................... Rough � � y to be occupied as..... .... ................................ ................ .......................... . provided that the person accepting this perm' 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 I PERMIT EXPIRES IN 6 MONTHS ELECTRICAL INSPECTOR UNLESS CONSTRU N STARTS Rough .... .... ............................................ ......................... Service BUI R • Final Occupancy Permit Required to Ocmpy Building GAS INSPECTOR Display in a Conspicuous Place on the Premises — Do Not Remove RoughFinal -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. a _ STORE COPY INSTALLATION SERVICES CUSTOMER`CONTRACT MW WINDOWS • LOWE'S OF DANVERS, MA.;.STORE#.1.09 ASTORE PHONE:(978)64679099 - 153 ANDOVER.STREET SALESPERSON: DAVID MCCARTHY. DANVERS;,, MA_�y,01923 . SALESPERSON IQ: 135953: Document Print'Date : 10/01%2009 77 y, This is-only a Quote for the merchandise and services printed-below::This becomes an agreement upon payment and -an endorsement by aLowe's register validation. Upon such-payment and endorsement, the entire agreement, including'- the ncluding=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 RICK BRINGHAM 978-975-2132 O Customer Address Other Phone 49 CROSSBOW LANE L City State/Province Zip/Postal Code " NORTH ANDOVER MA 01845 Installation Address T 49 CROSSBOW LANE. Installation City Installation State/Province Installation Zip/Postal O Code NORTH ANDOVER MA 01845 MERCHANDISE AND INSTALLATION SUMMARY MERCHANDISE SUMMARY 312148 : 31 3/4" X 49 3/4" : SOS : SOS TS 20 REPLACEMENT WND-EAST TC : 31 3/4" X 49 3/4VONE WIDE/DOUBLE HUNGS/3/4"***THIS PRICE RE- FLECTS A 10%OFF PROMOTION ON SOS THERMASTAR WINDOWS WITH LOW-E OR SUNDEFENSE(TM) GLAZING - 10-1-09 TO 10-5-09***. : PELLA VINYL DIVISION -QTY 1 312148`. 31 3/4" X 371/2" : SOS : SOS TS 20 REPLACEMENT:WND-EAST TC : 31 3/4"X 371/2"/ONE WIDE/DOUBLE,HUNGS/3/4"**"THIS PRICE RE- FLECTS A 10%o OFF PROMOTION ON SOS THERMASTAR WINDOWS WITH LOW-EOR SUNDEFENSE(TM)GLAZING - .10-1-09TO 10-5.-09***. : PELLA VINYL DIVISION -QTY 1' Store 1094 Project No. 271765981'for RICK BRINGHAM Page 1 of 8 STORE COPY '` k 312148 : 31 3/4"X 41 1%2";SOS : SOS.TS 20 REPLACENIENT.INND-EASTTC : 313/4" X.;41 1/2"/ONE:WIDE/DOUBLE RUNGS/3/4"**"THIS PRICE RE FLEGTS,A 10% OFF PROMOTION ON,SO$,THERMASTAR WINDOWS WITH LOW-E OR SUNDEFENSE(_TM)GLAZING.-;10-1`=09 TO 10-`5-09*** PELLA. - :VINYL DIVISION-QTY12. . _. . __. _ - - 312148 -. 81 3/4" X 591/2" : SOS`:SOS TS-20 REPLACEMENT WND-EAST TC : 31.3/4" X:59. 1/2"/O.NE WIDE/DOUBLE HUNGS/3/4"***THIS PRICE RE- FLECTS A 10%OFF PROMOTION ON SOS THERMASTAR WINDOWS WITH LOW-E OR SUNDEFENSE(TM)GLAZING 10-1-09 TOJ10-5-09*** : PELLA., VINYL DIVISION -QTY 7 312148.: 31 3/4" X 371/2" : SOS . SOS TS 20 REPLACEMENT W,ND EAST TC.: 31.3/4 X 37 1/2 /ONE WIDE/DOUBLE HUNG8/3/4"***THIS PRICE RE- FLECTS-A 10%.OFF-PROMOTION..ON"SOSTHERMASTAR.WINDOWS WITH LOW-E OR SUNDEFENSE(TM GLAZING -10 1-09 TO 10-5.09***,: PELLA. VINYL DIVISION -QTY 1 312148 :31 34"-X 41. 1/2" : SOS : SOS TS 20 REPLACEMENT WND-EAST TC : 31;3/4".X 41 1/2"/0NE WIDE/DOUBLE RUNGS/3/4 *!'THIS PRICE RE- FLECTS A 1,0%OFF PROMOTION ON SOS THERMASTAR WINDOWS WITH LOW-E OR SUNDEFENSE(TM)GLAZING -10-1-09 TO 10-5-09***. : PELLA VINYL DIVISION -QTY 1 312148 : 31 3/4" X 591/2" : SOS SOS TS 20 REPLACEMENT WND-EAST TC : 31 3/4" X 591/2"/ONE WIDE/DOUBLE RUNGS/3/4 ***THIS PRICE RE- FLECTS A 10%°OFF PROMOTION ON SOS THERMASTAR WINDOWS WITH LOW-E OR SUNDEFENSE(TM)GLAZING - 10-1-09 TO 10-5-09***. : PELLA . VINYL DIVISION-QTY 10 Materials Price $6493.4 INSTALLATION DESCRIPTION Room : MULTIPLE Different Size Windows in Area : 1 Total Linear Feet ofNewCustom.Trim :0 Total Windows on Second Story or above : 0 Storm Windows : Installer Remove_& Dispose Number of Storm Windows Removed:22 Total Number of Window AC Units : None Window Capping: No Replace Window Stop/Sill/Brick Mould : No Existing Damage : No Description of Existing Damage to repair : None 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 24 THERMASTAR WINDOWS Labor Charges $2688.0 Detail Deduction -$ 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 - e is governed by Historic District Regulations. Store 1094 Project. No.271765981 for RICK BRINGHAMPage 2 of 8 ORE COPY . Environmental Protectlon;Agency. EP as'reeed t at. owes noti yinstal,atlon customers,t at a lea a_se paint haAd ltlona pczer ,may exist in i dwellngs 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. UB-TOTAL ]6.4SALES.TAX $ -ELIVERY $ i ORDER TOTAL $9146.4 _ . BALANCE DUE _ Work is to commence upon reasonable availablity of Contractor which is anticipated to be Ti3b [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 aappearing on this contract form. This assumes sound existing substructures,superstructure and points of attachments. Extra labor or material incident to inst allation ne- ,cessitated by defective substructures, superstructure, points of attachment, or the moving of fixtures or appliances to be billed at extra cost to c ustomer. IF THE CONTRACT TOTAL IS$1,000.00 OR LESS Customer must pay in full. COMPLETE THIS SECTION ONLY WHEN THE CONTRACT TOTAL EXCEEDS$1.000.00: !fit�Customer to Pay in Full; OR �(] Customer to use the following payment schedule: (1) Deposit$ 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 signed and before.commencement of installation, Me authorize Lo-we's to do one of the following (check appropriate box below): [J Charge my/our credit card for the amount of the payment indicated.above anytime after the date this Contract is signed; or [J 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. Page 3 of 8 Store 1094 Project No 271765981 for RICK BRINGHAM STORE SOP DO NOT'SI.GN THIS CONTRACT 1F-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, Y.OU ARE ACKNOWLEDGING THAT YOU:HAVE READ, UNDERSTAND:AND AGREE TO THE TERMS AND CONDITIONS SET FORTH IN:THIS CONTRACT YOU ARE ENTITLED TOA COPY OF THIS CON- TRACT AT THE TIME OF SIGNATURE. NOTICE REGARDING ARBITRATION AGREEMENT FOR CLAIMS Q ViAM BY M.G.L.6AVA, n L01NE'S;AND OWNER`HEREBY MUTUALLY AGREE IN ADVANCETHAT 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 REQUIREDTO.SUBMIT T.O SUCFA�AR BIT ATION AS PROVIDED IN M.G.L.c.142A. By: t Date: -c� Lowe s ome Centers. Inc. By Date: Io%q w er BxV Date: 0- A se 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 SIGNED BY THE:PARTIES: WITNESS OUR HAND(S) AND SEAL(S) BELOW THIS 5-r DAY OF a-oc? Lowe's Home Centers, Inc. By: , (Seal) Print Name: (Seal) Address caner l G� CityState/Province. Zip/Postal Code Print Name (Seal) Store 1094 Project. No. 271765981 for RICK BRINGHAM Page 4 of 8 STORE COPY spowse Jt Pnnt Name Customer acknowledges receipt of a true cop which was completely filled in prior to Customer's execution hereof. Youi the customer`may canceI this transaction, at any prior to midnight on-the third business day after the date:of this transaction. See the attached Notice;'of Right to Cancel_forAn explanation of this right: Store 1094 Project No. 271765981 for RICK BRINGHAM Page 5 of 8:. STOR E COPY TERMS .AND: CONEDITIONS i. LOWE S DEFINED.Within this Contract(as defined on page 1.),t he teem°Lowe's"shall refer to Lowe's Hone Centers;Inc a North Carolina corporation' 2.GENERAL DESCRIPTION.By this Contract; Customer and Lowe's agree-that-(l)Customer shall purchase=.'and Lowe's shall sellae goods and/or materials (the;"Goods");.and(2' Lowe's shall procure T tal Customer's behalf,and Customer shall pay for,the servicestoinstall the Goods(the'Installation Services°). in or on the premises-identified on.the face of this Contract.(the "Premises")for-the-Order o 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.Cont ract;titled Installed Sales Contract," (2)these Terms and Conditions,:and.(3)any attached sketches; materials lists,floor plans,,and/or specificati©n sheets and other addenda or attachments.hereto.The Contract documents do not-include any correspondence,INSTAadvertisements,estimates or other documents that are not attached. „ 3.INSTALLATION SERVICES.Customer authorizes Lowe's on Customer's behalf to(a)arrange.for the Insta=llation;.Services to be performed by an independent contractor(the Installer-)(licensed when leg- al ally required),(b)issue a work order to the Installer to perform the Installation Services, (c)have the lnstaller'�work inspected;should'Lowe's in ds discretion choose to do o:.(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 Iristaller 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,forr 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 Good's to the Premises.Any surplus materials upon completi--on of the Installation Services shall be the property of Customer. 5.PRICE.The Price covers the Goods,Installation Services,and applicable taxes.The Price assumes sound existing substructures,superstructure and points of attachments The Price shall be increased by the cost and reasonable profit to Lowe's of having to provide additional Goods and/or Installation Services as-a result of defective substructures, superstructures,or points of attachments or the existence of any other Undisclosed Condition (as defined in section 9-.of these Terms and Conditions). In the event of an mundisclosed Condition or the foregoing,Customer will execute.a change order or a new replace- ment contract upon Lowe's.request. 6.PAYMENT. If the Price is$1,000.00 or less,payment of the Price by Customer to Lowe's is due in full upon—execution of this Contract. If the Price is over$1,000.00,Customer may choose to pay in full upon execution of this contract,but Lowe's may not require Customer to do so. If the Price is over$1,000.00 and Customer does not pay in full at the time of sale,Customer agrees to pay Lowe's according to the payment schedule set forth in this Contract.Customer agrees to pay a deposit upon execution of this Contract:equal to one-third of the Price.Customer agrees to make a payment for the balance of the Price less the final payment at least one day after the date this Contract is executed and prior to the commencement of the Installation Services.Customer agrees to make the final payment upon completion of the Installation Services and Customer's satisfaction. Payment for a new replacement contract is payable according to these Terms and Conditions.Payment for any change order is due at the time of that change order. .7.LICENSES, PERMITS,SAFETY RULES,BUILDING CODES,ZONING ORDINANCES,AND OTHER LAVI/S.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 Custor—ner 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 obtamining 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.suchpermits 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. "either 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 addressor 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.N=o 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 PARWY RIGHTS.Customer warrants that performance of Installation Services will not violate any exist- ing real property easements,.covenants,homeowners association rules or rights of third parties holding an interest in the real property being improved. 0.UNDISCLOSED CONDITIONS IN PREMISES. If Installer discovers any defect,weakness or dangerous co—ndition 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 con—elusive 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 ombligation 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 Lo~e'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 either Customer Lowe's may terminate thiss.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 b-,e 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 limiterd 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 a_s 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©r 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 pa My 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 are-.as. Customer agrees to keep posted permits on display at all times. Customer agrees that if a s- tomer or anyone Customer controls interferes with or delays performace of the Installation Services,Customs r 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 claims)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 INSTALLAmwTION SERVICES. Store 1094 Project No. 271765981 for RICK BRINGHAM Page 6.of 8 _ T P - - 1 1,MANUFACTURER WAR INSTALLATION SERVICES/LIMITATIONS OF LIABILITY.Customer is entitled RRANTY FOR GOODS/LOWE'S WARRANTY.FOINSTALL .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 he Gootls;and Customer.may also obtain suc...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 BYLAW. Lowes does warrant that the Installtion Services will be performed-by the-'installer in a good and workmanlike manner. Lowes_warranty for Installation services shall extend fora 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 SERVICESWILL 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 Oil 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"Installe"r(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 WHICWHAS 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 INC)DENTAL 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.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 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 arbitrationagreement),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,(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 bindin 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(sl 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- tuallyagree. 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 expertwitness 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 attomeys'fees and expenses. If Customer fails to pay Lowe's in accordance with this Contract,Lowe's shall be entitled to recover its reasonable attomeys'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 271765981 for RICK BRINGHAM Page 7 of 8 C V TORE COPY ' :Federal Arbitration Act 9 U.S.C.Sections 1-16.] any'provjsion of the-Contract is contrary to.any law to_which it is subject,such unlawful provision shall be ineffective paragraph 13 above is governed by-the , i ions which shall remain in full-force and effect;except that,as stated in paragraph 13,-if the waiver:of class actiorrarbitration,or the prohibdion.of consolidation or joinder,is without invalidating the.other,prov s , rceable then the:entire arbitration agreement in paragraph.l3.wilCbe rendered,null and void: determined unenfo. gg some or all of the Price then�Customer acknowiedges'that the erms of his"or her cardholder. _. i5. CREDITCARO/FINANCED TRANSACTIONS. If.Customer use's_a"credit card or obtains financing to pay, 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 aoknowledges.that his or agreement 9 stomer will be subject.Customer-also acknowledges that Lowes is.not a party to any such cardholder or fin- -9, agreement. a reemenf or financing documents may have other terms and conditions to which Cu a 9 g y anc�r►g agreement.. NS.Because res onsibili for paying the installer on Customer s behalf belongs"to Lowe's,Lowe's will tequire.the-Installer,'on behalf(sf itself and.any of the Installers subcontractors,ma- 1f3.'WAIVER OF LIE P tY terialmen or suppliers-, a condition precedent to payment by Lowe's on Customer's behalf;to fully and unconditionally relinquish,waive and release any alf mechanic's liens,maferialman's lien and other liens'in the Prernises which the Installer or its subcontractors,materialmen or suppliers mighthave 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,"TIRE AGREEMENT/CHANGES IN WRITING.Customer and Lowe's agree that this Contract accurately states the entire agreement between Customer and Lowe's conceming the Goods and lnstalla 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 define,limit;Mend,describe or otherwise affect the scope or mean- ing of this Contract or the intent of any provisions hereof. 20.ADDITIONAL INFORMATION.All contractors and subcontractors must-be registered by the Administator of the Board of Building Regulations and.Standards.Inquiries about a contractor or subcontractor relating to a registration should be directed to the Administrator of the Board at-One Ashburton Place,Room 1301,Boston,MA 02108,(617)727-8598. 21.QUESTIONS OR CONCERNS.Customer should speak with the Lowe's salesperson whose name appears on this Contract and the manager of the Lowe's store where Customer entered this Contract re- garding routine matters such as scheduling,any requested changes to Customer's order,or any concerns Customer may have about this Contract,the Goods or the Installation Services,at the address and/or phone number noted on the front page of this Contract. 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