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37-083 (3) STORE COPY 1'1. MANUFACTURER WARRANTY FOR GOODS / LOWE'S WARRANTY FOR INSTALLATION SERVICES /LIMITATIONS OF LIABILITY.Customer is entitled to any warranty provided by a manufacturer of the Goods sold under this Contract. The Installer will provide Customer with any manufacturer consumer warranty information accompanying the Goods, and Customer may also obtain such information by contacting Lowe's. Lowe's does not warrant the Goods AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW. Lowe's does warrant that the Installtion Services will be performed by the installer in a good and workmanlike manner. Lowe's warranty for Installation services shall extend for a period of one year from the earlier of (1) the date the Certificate of Completion is signed by Customer or (2) the date that Lowe's determines that the Installation Services have been completed, or for such greater period as may be re- quired by applicable law governing consumer warranties for workmanship (the "Warranty Period "). LOWE'S WARRANTY THAT THE INSTALLATION SERVICES WILL BE PERFORMED BY THE INSTALLER IN A GOOD AND WORKMANLIKE MANNER DOES NOT COVER, AND LOWE'S WILL NOT BE RESPONSIBLE FOR, ANY DEFECT IN SUCH INSTALLATION SERVICES DUE TO (1) ANY DEFECT, WEAKNESS OR DANGEROUS CONDITION, INCLUDING BUT NOT LIMITED TO, MOLD, ROT, ASBESTOS OR INFESTATION IN THE PREMISES' STRUCTURE, SUBSTRUCTURE, SUPERSTRUCTURE OR POINTS OF ATTACHMENT, OR OTHER PRE - EXISTING PHYSICAL OR ENVIRONMENTAL HAZARD, OR (2) ABUSE. MISUSE, NEGLECT, OR IMPROPER CLEANING. LOWE'S WARRANTY FOR IN- STALLATION SERVICES SHALL BE IN LIEU OF ANY OTHER WARRANTY TO THE FULLEST EXTENT PERMITTED BY LAW. Customer acknowledges and agrees that Customer shall be limited to seeking recourse or remedy exclusively from Lowe's or the Installer (as applicable) and that no affiliate of Lowe's shall have any liability under this Contract. Customer must give Lowe's written notice within the Warranty Period of any warranty claim relating to Installation Services. Customer agrees that its sole and exclusive remedy against Lowe's for a warranty claim is reinstallation in a good an workmanlike manner, including the repair or replacement of any Goods if and to the extent resonably necessary to correct the defective Installation Ser- vices. CUSTOMER SHALL HAVE NO OTHER REMEDY FOR A WARRANTY CLAIM, INCLUDING WITHOUT LIMITATION REMEDY FOR LOSS OR DAMAGE CAUSED BY NORMAL WEAR AND TEAR. LOSS OR DAMAGE WHICH HAS NOT BEEN REASONABLY MITIGATED, OR LOSS OR DAMAGE CAUSED BY ACTS OF GOD. IN NO EVENT SHALL LOWE'S BE LIABLE FOR INDIRECT, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES (SUCH AS, WITHOUT LIMITATION, LOST PROFITS, LOST SALES, AND INJURIES TO PERSONS OR PROPERTY), EVEN WHERE LOWE'S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHERE, DUE TO OPERATION OF LAW, SUCH DAMAGES CANNOT BE EXCLUDED, THEY ARE EXPRESSLY LIMITED IN AMOUNT TO THE PURCHASE PRICE. In connection with any warranty claim, Customer agrees, at no cost to Lowe's or the Installer, to prepare the Premises and the reinstallation area in the manner described in Section 10 of these Terms and Conditions. 12. DISPUTE 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 arbitration agreement). the information Customer gave Lowe's before entering into this Contract and /or any past agreement or agreements between Customer and Lowe's, (3) all counterclaims. cross - claims and third -party claims. (4) all common law claims of any kind including common law claims based upon contract, tort, fraud, or other intention- al torts, (5) all claims based upon a violation of any state or federal constitution, statute or regulation, (6) all claims asserted by Lowe's against Customer, including claims for money damages to collect any sum Lowe's claims Customer owes Lowe's, (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 1916 Project No. 305610276 for FRANCES DACK Page 6 of 7 STORE COPY TERMS AND CONDITIONS 1. "LOWE'S" DEFINED. Within this Contract (as detined on page 1). the term "Lowe's" shall refer to Lowe's Home Centers, Inc.. a North Carolina corporation. 2.GENERAL DESCRIPTION. By this Contract. Customer and Lowe's agree that (1) Customer shall purchase and Lowe's shall sell the goods and /or materials (the "Goods "); and (2) Lowe's shall procure on Customer's behalf, and Customer shall pay for, the services to install the Goods (the "Installation Services ") in or on the premises identified on the face of this Contract (the "Premises ") for the Order Total stated on the face of this Contract (the "Price ") and according to the provisions of the Contract documents. The Contract documents shall consist of (1) the face of this Contract, titled "Installed Sales Contract," (2) these Terms and Conditions, and (3) any attached sketches, materials lists, floor plans, and /or specification sheets and other addenda or attachments hereto. The Contract documents do not include any correspondence, advertisements, estimates or other documents that are not attached. 3. INSTALLATION SERVICES. Customer authorizes Lowe's on Customer's behalf to (a) arrange for the Installation Services to be performed by an independent contractor (the "Installer ")(licensed when leg- ally required), (b) issue a work order to the Installer to perform the Installation Services, (c) have the Installer's work inspected, should Lowe's in its discretion choose to do so (it being agreed that Lowe's has no obiligation to do so), and (d) pay the Installer after completion of the work and after receipt of a certificate, signed and dated by Customer, that the work has been satisfactorily completed (the "Certificate of Completion "). Customer understands that Lowe's will rely upon the Certificate of Completion in paying the Installer for the Installation Services. CUSTOMER AGREES THAT THE INSTALLER WILL PER- FORM THE INSTALLATION SERVICES ACTING AS AN INDEPENDENT CONTRACTOR FOR CUSTOMER AND NOT UNDER THE SUPERVISION OR CONTROL OF LOWE'S. Customer agrees that the Installation Services do not include architectural /engineering services or structual changes to the Premises or any other services beyond the ordinary and routine installation of the Goods as specifically provided in the Contract. Customer is responsible, at Customer's cost, for providing any necessary architectural /engineering services or structual changes to the Premises or any other services not specifically identified in this Contract. 4. GOODS. Lowe's will arrange for delivery of the Goods to the Premises. Any surplus materials upon completion of the Installation Services shall be the property of Customer. 5. PRICE. The Price covers the Goods, Installation Services, and applicable taxes. The Price assumes sound existing substructures, superstructure and points of attachments. The Price shall be increased by the cost and reasonable profit to Lowe's of having to provide additional Goods and /or Installation Services as a result of defective substructures, superstructures, or points of attachments or the existence of any other Undisclosed Condition (as defined in section 9 of these Terms and Conditions). In the event of an Undisclosed Condition or the foregoing, Customer will execute a change order or a new replace- ment contract upon Lowe's request. 6. PAYMENT. If the Price is $1,000.00 or less, payment of the Price by Customer to Lowe's is due in full upon execution of this Contract. If the Price is over $1,000.00, Customer may choose to pay in full upon execution of this contract, but Lowe's may not require Customer to do so. If the Price is over $1,000.00 and Customer does not pay in full at the time of sale, Customer agrees to pay Lowe's according to the payment schedule set forth in this Contract. Customer agrees to pay a deposit upon execution of this Contract equal to one -third of the Price. Customer agrees to make a payment for the balance of the Price less the final payment at least one day after the date this Contract is executed and prior to the commencement of the Installation Services. Customer agrees to make the final payment upon completion of the Installation Services and Customer's satisfaction. Payment for a new replacement contract is payable according to these Terms and Conditions. Payment for any change order is due at the time of that change order. 7. LICENSES, PERMITS, SAFETY RULES, BUILDING CODES, ZONING ORDINANCES, AND OTHER LAWS. The Installer shall be solely responsible to Customer for obtaining any and all licenses which are legally required to perform the Installation Services. The Installer shall also be solely responsible to Customer for the Installation Services being performed in compliance with all applicable safety rules and all existing buidling codes, zoning ordinances and other laws. Lowe's shall be responsible to Customer for obtaining building permits which are legally required to perform the Installation Services where Lowe's is legally required to obtain such permits. Where Installer is required to obtain such permits then Installer will be responsible to Customer for obtaining such permits. Customers who secure their own building permits wit be precluded from claiming against certain state guaranty funds relating to home improvements. Neither the Installer nor Lowe's shall be responsible for any pre- existing violations of safety rules, building codes, zoning ordinances or other laws and shall not be required to address or correct same. If prior to the completion of work a change occurs to any applicable safety rule, building code, zoning or- dinance or other law which requires additional Goods and /or Installation Services to perform this Contract, Customer agrees to pay Lowe's the cost and reasonable profit for such additional Goods and Installa- tion Services and to execute a resulting change order or new replacement contract as requested by Lowe's. No additional work will be performed under this Contract due to any change to any applicable safety rule, building code, zoning ordinance or other law that occurs after the completion of work. 8. CUSTOMER'S WARRANTY AGAINST VIOLATIONS OF EASEMENTS, COVENANTS, AND THIRD PARTY RIGHTS. Customer warrants that performance of Installation Services will not violate any exist- ing real property easements, covenants, homeowner's association rules or rights of third parties holding an interest in the real property being improved. 9. UNDISCLOSED CONDITIONS IN PREMISES. If Installer discovers any defect, weakness or dangerous condition including, but in no way limited to, mold, mildew, rot, asbestos or infestation ( "Undisclosed Condition ") in the Premises' structure, substructure, super- structure or points of attachment, Customer must remedy the Undisclosed Condition at Customer's sole cost and expense and to Lowe's sole satis- faction. If Customer refuses to permit inspection of the Premises as set forth below, Lowe's may terminate or rescind this Contract without remedy or recourse by, or further obligation to, Customer, except as expressly provided below. If Customer and Lowe's disagree as to whether an Undisclosed Condition exists, Lowe's may in its sole discretion obtain the services of an inspector to inspect the Premises at Lowe's sole cost and expense, and if Lowe's chooses to do so, such inspector's report shall be final and conclusive as to whether an Undisclosed Condition exists. In the event of any Undisclosed Condition that Customer does not remedy to Lowe's sole satisfaction, or any failure by Customer to perform any other obligation of Customer under this Contract, then at Lowe's option (1) Lowe's may rescind this Con- tract and return the Price to Customer without further cost or obligation by either Customer or Lowe's if Lowe's notifies Customer of its election to rescind this Contract prior to the earlier of delivery of the Goods and the Installer beginning performance of the Installation Services, or (2) Lowe's may terminate this Contract without remedy or recourse by, or further obligation to Customer, except as expressly provided below if Lowe's notifies Customer of its election to terminate this Contract after the earlier of delivery of 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 1916 Project No. 305610276 for FRANCES DACK Page 5 of 7 STORE COPY . By: C., v..NA7Y 1� c . Date: - -F, - \ (' , — Lowe's ome Centers Inc. By - ..vv`C t.z Date: �% C' "" 1 0' Owner By: Spouse THE SIGNATURES OF THE PARTIES ABOVE APPLY ONLY TO THE AGREEMENT OF THE PARTIES TO ALTERNATIVE DISPUTE RESOLUTION INITIATED BY LOWE'S PURSUANT TO M.G.L. c.142A. THE OWNER MAY BE PERMITTED TO INITIATE ALTERNATIVE DISPUTE RESOLUTION EVEN WHERE THE SECTION ABOVE IS NOT SEPERATELY SIGNED BY THE PARTIES. WITNESS OUR HAND(S) AND SEAL(S) BELOW THIS owl DAY OF A ■::c:, , • -c_ c . Lowe's Home Centers, Inc. J By: 1;:s- (Seal) Print Name: - �1c . c (Z \\Y-- Nka. (Seal) Address Owne City State / Province Zip / Postal Code Print Name (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 1916 Project No. 305610276 for FRANCES DACK Page 4 of 7 STORE COPY Work is to commence upon reasonable availablity of Contractor which is anticipated to be 9 - 7.6, • i 0 [fill in date]. Estimated completion date is \C. ' \G [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 necessitated by defective substructures, superstructure, points of attachment, or the moving of fixtures or appliances to be billed at extra cost to custom- er. 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: PI 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, I/We authorize Lowe's to do one of the following (check appropriate box below): [_] Charge my /our credit card for the amount of the payment indicated above anytime after the date this Contract is signed; or [_] 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 CON- TAINED 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 CONTRACT 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 CON- TRACT, THAT LOWE'S MAY SUBMIT SUCH DISPUTE TO A PRIVATE ARBITRATION SERVICE WHICH HAS BEEN APPROVED BY THE SECRET- ARY OF THE EXECUTIVE OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATIONS AND THE OWNER SHALL BE REQUIRED TO SUB- MIT TO SUCH ARBITRATION AS PROVIDED IN M.G.L. c.142A. Store 1916 Project No. 305610276 for FRANCES DACK Page 3 of 7 STORE COPY INSTALLATION DESCRIPTION Stock or SOS : SOS Door Type : Patio Select Location : Front Door Select New Door : Sliding Number of Doors to Install : 1 Side Lights or Transoms : No Hidden Damage Description : None Number of additional holes bored for accessories : None Install Specialized Mortise Hardware : No Lead Safety Practices : No Total Linear Feet of Custom Trim to be Installed : 40 Deliver Door : Yes Customer Understands Scope of the Project : Yes Permit Required : Yes Who Will Obtain Permit : Lowe's Permit Fee : Yes Additional Miles Traveled over 20 : 0 Bring Up To Code Description : None Local Disposal Fee : Yes Describe Other Work Needed : None Comments : No Comment Labor Charges $ 704.10 Detail Deduction -$ 35.00 Additional Specifications: Notation: Lowe's will not make structural modifications, paint or stain or remove /reinstall security system equipment. Customer is responsible to advise if prop- erty is governed by Historic District Regulations. Additional Specifications: The Environmental Protection Agency (EPA) has requested that Lowe's notify installation customers that a lead based paint hazard may exist in dwellings built prior to 1978. See pamphlet EPA 747 -K -99 -001 for details. TOTAL CHARGES OF ALL MERCHANDISE AND SERVICES *where applicable labor is taxable,check local tax restrictions. SUB -TOTAL $ 748.19 *SALES TAX $ 0.00 DELIVERY $ 0.00 ORDER TOTAL $ 748.19 BALANCE DUE Store 1916 Project No. 305610276 for FRANCES DACK Page 2 of 7 • STORE COPY INSTALLATION SERVICES CUSTOMER CONTRACT - MWORK - INT /EXT /PATIO VALIDATION AREA DOOR ' OWE LOWE'S OF HADLEY, MA, STORE # 1916 STORE PHONE: (413) 588 0270 282 RUSSELL STREE SALESPERSON: CONERY MORSE HADLEY, MA 01035 -0000 SALESPERSON ID: 1293609 Document Print Date : 08/23/2010 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 Horne Centers, Inc.'s MA HIC NO.: 148688 Lowe's Home Centers, Inc.'s FEIN: 56- 0748358 Customer Name Home Phone s FRANCES DACK 413 727 - 8359 O Customer Address Other Phone 266 GROVE ST. UNIT 10 L Cit State / Province Zip / Postal Code D NORTHAMPTON MA 01060 Installation Address T 266 GROVE ST. UNIT 10 Installation City Installation State /Province Installation Zip /Postal O Code NORTHAMPTON MA 01060 MERCHANDISE AND INSTALLATION SUMMARY MERCHANDISE SUMMARY 1155: 1155 : STK : 1X4X8' SELECT PINE : 1X4X8' SELECT PINE : PRECISION LUMBER - QTY 3 98458 : 07526 : STK : PVC BRK MLD 8' : PVC BRK MLD 8' : EAST COAST MILLWORK DISTRIBUTI - QTY 3 154017: 897106: STK : PEEL & SEAL ALUM. 6 "X25' : PEEL & SEAL ALUM. 6 "X25' : PROTECTO WRAP COMPANY - QTY 1 Materials Price ' $ 79.09 Store 1916 Project No. 305610276 for FRANCES DACK Page 1 of 7 LIE.f t /2+ 10 S: 58 4132673350 PAGE 131;/e1 Board of Build irig, Rcgulatit►nk and Stand ards G72 �'�, • Construction Supervisor license Offl a License: GS 96999 r �r �� HOME IMPROVEMENT CONTRACTOR Restricted to: 00 aKs r ii 'v Registration: 165816 Type: , C. I ^ v Expiration 3/Z2 LLC 43! , TODD KORTEKAMP �" N � 1 :• • : KAMP TOt�U 27 BUTLER ROAD , ..a . :' ' . . , . : = ' MONSON, MA 01057 3 " TODD KORTEKAII - t ; " 27 BUTLER RD ..,..,— .- " "� - Expiration: 6/26/2012 MONSON, MA 01057 Undersecretary t onanhisiuncr Tr*: 27751 Restricted to: 00 License or registration valid for individnl use only before the expiration date. If found return to: 00 Unrestricted Office of Cotisnmer Affairs and Business Regulation 1G -1 2 Family Homes 10 Park Plaza - Suite 5170 Boston, MA 02116 Failure to possess a current edition of the MassacltUSetts State Building Code . is cause for revocation of this license, f if r, ' r' - Not valid without si , attire Refer to: W W W.Mass. Gov /DPS oi,ilaoaacluaeltt "'--‘ . Office of Consumer Affairs & Business Regulation License or registration valid for individul use only q s * = . before the expiration date. If found return to: OME IMPROVEMENT CONTRACTOR =! Office of Consumer Affairs and Business Regulation s ': _ - Registration: 148688 Type: _ 9 10 Park Plaza -Suite 5170 �_s Expiration: 10/18/2011 Supplement Card Boston, MA 02116 LOWE'S HOMES CENTERS INC JAMIE SPOFFORD 136 TURNPIKE RD. SUITE 100 �z ail SOUTH BOROUGH, MA 01772 Undersecretary Not valid without signature • . ACOFiDD, CERTIFICATE OF LIABILITY INSURANCE DATE `AVDDr. . PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFOR'JMAATIO Richard R Green Insurance Agency, Inc k1O CERT RIGHTS; NO THE Matra) 01 11 Allen Street ALTER THE COVERAGE AFFORDED HY THE POLICIES EELOYI Hampden, MA 01036 INSURERS AFFORPINt3 COVERAGE NAIC I INSURE r(sums& Travelers Insurance 1 Kartskamp Construction LLC iNsuaaR4: Liberty Mutual .. Bryan Kortekamp oats= c: Commerce Ura uartce r 27 Butler Road INSURER D: _ Monson, MA 01067 ,mss: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ARCM FUR THE YPOI !C PERT - OD INDICATED. NOTWITHSTANDING ANY REOREMENr. TERM OR COMMON OF ANY CONTRACT OR OTHER DOCUMENT NTH RESPECT TO WHICH THIS CERTIFICATE MusD MAY BE ueD OR ANY__ IH PERTAIN. THE INSURANCE AFFORDED BY TILE POLICIES DESORsea t l as SUBJECT TO ALL THE T!!RMS, EXCLUSIONS AND CONDITIONS OF SUCH POUCiES. AGGREGATE UM ITS SHOWN MAY NAVE BEEN REDUCED SY PAD CLAWS. } #+ POUCYNYIIQER .�. tiS _ ui SAWS OEMERALIJAMILICif EACHOCCURRBICE $ 1,000.,000 A d COMMERCIAL. oeNePA uAeamr T ) 3100.600 IIIIII ClAwS woo ©ocouR NESEKPtrnonososon? s 5.000 p non- mm90(V _ 0800565P31A 02/ 05/2010 02/012011 PERSONAULADYINJURY $ 1 hired auto au 6ERALASOREGNITE s 2,000,000 OSNIAWIREGATE LM4fAPPLES PEW PRODUCTS- COMPIaPAGO $ 2.000.000 It', ppucy 715ak n toe I - ANYAUI'O O •7Q UNIT S ALL OMED.U1TOa f SCNEOu.EOINJTOS � $ 100,000 C Imo a„ „UTOS BBMMJ07 02105/2010 02/05/2011 s 300,000 (Peraae nl PROPERTY .� ttiT M,Iae,Ip s 104,000 GARAGE WARM AUTOONLY- eAACpDExT $ . ANY AUTO $ OTHER THAN AUTO MY': AGO $ • EXessmossumutusonsry ECU OCCURRENCE S OCCUR 0 CLAWS WOG A6(ATE a al OEDUCTIOS s RETENTION .. s 7 'yy� A $ j s n � WOa CONIPIP8ATIONANC Ir 11 J 1 t B ►YWHYLAJflJIY aa.EACMACCID>9IT a 106,440 OFF R U "s WC1 -31S- 374681 -018 09!24/09 09124/10 et. onseAtz-etteNPLoYose a 100,000 l FAA. dessestounsir SPECIAIZROWNONSONAo et. Dowse- Paucr n+ s 500,000 D nnMoF4PWWwcasrwcA7Iossly / rclFSHOWLuscosMDmrr gico9motrisrECU1L Lowe's Companies, Inc. and any and all subsidiaries are named as additional insured as respect to General Lability and Automobile liability" Non- Owned/Hired Auto is included on Travelers Policy 6806565P31A CERTIFICATE HOLDER CANCELLATION Lowe's m ANY OF POLICES AE CAW :EURO OAE THE EXPIRATIoN Companies, IncIrtc. (Alin: IS Instrance) aA,e memo.. T1ss essusse mums iglu ENDEANCR TO NAL 20 ol► is P.O. 80!(1111 NOTI To THE cEftbnoATf mum mono To Too ter. our Pl a urns Yo oo so swu f. Nord1 Wilkesboro. NC 2$686 Io alx-RATKIR OR MAer.ITY OF ANY woe oN TTam wasps, ml Aaa�(Tt Oa Arm rcrAIMMIL 4 4.4 ,K,„,.,._44.- ,�j , ACORD 25 (2001108) "' - 6 ACO2D CORPORA'r'lON 1998 ...,...., ......- 08./ u3/ 11E_1 11:07 4132673390 PAGE �i11 2 i.,t1wW is k.vmito.LU. z ILr .t. dl/ve3 is :3l1 : u Ark 1 L/ uuis raX COX'VEir The Commonwealth of Massachusetts ,Department of Ind istri al Accidents i:. "''�" � Office of Jrtvestigattons t 600 Washington Street 4, 4 :710 ' • � Boston, MA 02111 rfj.x=" www izwss go Workers' Compensation Insurance Affidavit: Buil ders/ CantsactorslEtec :tricianstPlumbers Appljt Tnruir Lion Plesae Print Ti ibl .IIIII�IIIIYIYW ITV Ii111Y \� .�. � � 1 I I�w M w male COosi�acssforganixaticu /tndiv1dnal): it _ �.�5.t._v Address: 1i . 16 2� at 1 City /State/Zip; •. ' l-Pt- Q r Q T #: L ! - 5 C j / f re you an t tptoyer? Check the appropriate two Typo or project (required): I . I am a employer with „-,,, 5 4. ❑ I era a general contractor and T ❑ bitty construction 6. employees (dull and/or part - time).* have hired the sub - contractors 2. d I am a sole proprietor or patter- listed on the attacite.d sheet. 7. ❑ Remodeling ship and have no employees These sub - contractors have g. 0 Demolition working for roc in any capacity. employees and have workers' Building addition No workers' comp, insurance comp. insurance,. ❑ $ required.] 5. ❑ We are r corpoxation and its 1 Electrical repairs or additions 3. ❑ I am a homeowner doing all work officers have e,xereised their 11.0 Plumbing repairs or additions myself. [No workers' Comp, right of exemption per Mel, 12 ❑ Roof repairs ' i n s u r a n c e required.] 't c. 152, § 1(4), and we have no � employees. (No workers' 1"a. {...,1 Other comp, insurance lequiretl.J ` Any Worn ibat check„ box i1 most Mad Sirr um Mai xenon beWw shown Melt ikons' comprnsoilon po tntoromtid . I iiommowner wbo submit this tfilduvh indkat1np they wean itthwrk and than Mlle 4utalda contractors anise stlbaut n new affidavit tndren1Ltg such. SContmetwsthat eheckta box must attactrea ea additional shoat showing the mtm of the ntb.00nhaetors acd atom whether er not Moto amities have employers. if thn:ub*catrtctorsbava , they mustprovtdatimir warfare comp poticynnmbwa i dm an employer that is proi'kIb g Woi*ft' compensation insurance for my employees. Below k the policy and job site in formai2on. Insurance Company Name, _� i ,.�� -- �- — f Polley # or Self-ins, Lie. #: . � IA _ Lxpit Lion Date: 62/ /z ( t Job Site Address-: City /State/Zip: I3 ` . , M `� I..ek °I G 6 Attach a copy aft workers' compensation policy declaration page (showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lend to the imposition of criminal penalties of 4 fine up tQ SI ,500.00 and/or one -year impti stmlmeat, as well as civil penalties in the fora of a STOP WORK ORDER and a foe of up to $250,00 a day aguili st the violator. Be advised that a copy of this stmement may be rat-warded to the Office of Investigations of the DIA for insurance ameragc verification. , ce , t cr . e pat . , i, i' aides o� cry abet the �— -- 1 do hereby �, t�f'ormaNrsrt provided ado , i(s, f � and comet t ,, , , t . ,rat! ,r i , q 1 l C c 0:mica use only. Do not write in this area, to be completed by My or town of f `ItfrIL City or Tower Permit/License # Issuing Authority (circle one): 1. Bo,►rd of Health 2. Building Department :i. City/Town Clerk 4. Electrical Inspector 5. numbing Inspector fi. Other Contact Person: _ Phone , Phone #l: - F/C d 9 « $120 895 £bar QSI 91,6L saMol L'7:01. £0- 80-0602 PAGE 02.102 L18/03/ '01 F_1 11:07 4132E 73390 SECTION S: CONSTRUCTION SERVICES 5.1 1L,iceas d Construction Supervisor (CST -) 7-- ( / License Number expiration Date N I f L- Holder fist CSL _ ;u � . a 6 ►s 3 1.4A Typ" tea below) - Addn +: d'ArsIliwar lk t Cu F w Q1d 1' 0 Un trictct! bt? w 35,000 i ti Ft ) Restricted 44 Emit Dwell; Si t�t< <t`ttc 668 t r a :mon Oul (�[ Residential Rooily% Coverin Telephone SA Residential Window and Siding Residential Solid Fuel Bumin; A +,Bence Irnrtallatton 0 Residential Demolition S uttered Home Co cmne tractor (SIC L 1 arm o tC Rc . 'strant N CS Registration Number Addrrts _ t' ,� • cD t?.1 Expiration ]lure Signatu �f Telephone / Tv . r E r ION 6: WORKERS' COMPENSATION INSURANCE AFFIDAVIT (M.G.L. e, 1S2. § 2SC(6)) Workers Compentiation Intcurance affidavit must be completed and submitted with this application. Failure to provide this affidavit will result in the denial of the Issuance of the building permit. Signed Affrdavit Attached? Yes [ No Gl • SECTION 7a: OWNER AUTYiORIZ N TO BE COMPI WREN OWNER'S AGENT OR CONTRACTOR APPLIES FOR BUJLDING PERMIT 1. i : . 1 ,: , as Owner of the subject property hereby authorize * L r _ ire] y; to act on my behalf, in all mutters relative to work authorized by this building permit application. t / /o Si ature of Owner _ Date SECTION 7b: OWNER' OR AUTHORIED AGENT DECLARATION r,Ctu E N'g,1 , as Owner or Authorized Agent hereby declare t t the statements and information on the foregoing application are true and accurate, to the best of my knowledge and behalf, MP / � Sign • • of Owner or Authorized Agent Date f 5i ed under the paint` add txnatti of per }vzy) NOTIFY: 1. An Owner who obtaii74 a building permit to do hisIher own work. or an owner who hires an unregistered contractor (not registered in the Home Improvement Contractor (1410) Program), will ge. have access to the arbitration program or guaranty fund under M.C.L. c. 142A, Other important information on the MC Program and C„osnStruCtion Supervisor Licensing (C,ri.) can be found in 780 CMR Regulations 110ER6 and 110.;!15. respectively. 2, When :substantial work is planned, provide the information below: Total floors area (Sq. Ft.) — (including garage, finished basement/attics. decks or porch) Grins living area (Sq. Ft.) Habitable room count - _ Number of (replaces. Number of bedrooms Number of bathrooms Number of half/batte Type of heating system , . Number of decks! porches Type of cooling system Enalorcd , OP= 3. "Total Project Square Footage" may be substituted for "Total Project Cost" M y � d 9WO 5(EVI) « 8220 885 i0 OSI 9141. s t�0l 2 £0 0-80 Sc3 1 Y 2010 The Commonwealth of Massachusetts Board of Building Regulations and Standards FOR State Building Code, 780 CMR, 7 edition MUNICIPALITY USE Building Permit Application To Construct, Repair, Renovate Or Demolish a Revised January One or Two Dwelling 1, 2008 �� This Section For Official 'Use Ont Building Permit Number: Date Applied: Signature: 9 IPI • Building Commissioner/ inspector of Buildings Date SECTION I: SITE INFORMATION 1.1 Prope AA 1.2 Assessors Map & Parcel Numbers 1,1a Is this an accepted street? yes Map Number Parcel Number 1.3 Zoning Information: 1.4 Property Dimensions: Zoning District Proposed Use Lot Area (sq ft) Frontage (ft) 1.5 Building Setbacks (ft) _ Front Yard aide Yards Rear Yard Required Provided Required Provided Required Provided 1.6 Water Supply: (M.G.L c. 40, §54) 1.7 Flood Zone Information: 1.8 Sewage Disposal System: Public ❑ Private ❑ Zone: Outside Flood Zone? Municipal ❑ On site disposal system ❑ Check ifyes❑ SECTION 2: PROPERTY OWNERSHIP' 2.I Owner' of Record: acne (Print) Address for Service: �� ' 9 55 9 Signatutt Telephone SECTION 3: DESCRIPTION OF PROPOSED WORK (check all that apply) New Construction ❑ Existing Building 0 Owner- Occupied ❑ Rcpairs(s) C3 �Alteration(s) Q Addition ! Demolition 0 Accessory Bldg, 0 Number of U its '_Other 0 Specify: Brief Descri . tion of Proposed Work ar >rl. N P2 0 lai • " 4 ' SECTION 4: ESTIMATED CONSTRUCTION COSTS Item Estimated Costs: Official Use Only (Labor and Materials) I . Building L Building Permit Fee: $ how fee is determined: 2. Electrical $ ❑ Standard City/Town Application Fee �r ❑ Total Project Cost' (Item 6) x multiplier x 3. Plumbing $ 2. Other Fees: $ 4. Mechanical (HVAC) $ List: 5. Mechanical (Fire $ - — Su•pression) Total All Fees: $ Check No. Check Amount: Cash Amount: 6. Total Project Cost: $ � j „ 6 p Paid in Full ❑ Outstanding Balance Due: LIL d OSI 9464 saMO « 41�t}8$5£4�i samoi vw �(a1gsN gl.cl y+,� r � .,., ° `:'°1 BP- 2011 -0243 GIS #: COMMONWEALTH OF MASSACHUSETTS Map:Block: 37 - 083 CITY OF NORTHAMPTON Lot: -000 PERSONS CONTRACTING WITH UNREGISTERED CONTRACTORS Permit: Building DO NOT HAVE ACCESS TO THE GUARANTY FUND (MGL c.142A) Category: BUILDING PERMIT Permit # BP- 2011 -0243 Project # JS- 2011- 000406 Est. Cost: $748.00 Fee: $35.00 PERMISSION IS HEREBY GRANTED TO: Const. Class: Contractor: License: Use Group: LOWE'S 96999 Lot Size(sq. ft.): Owner: DACK FRANCES Zoning: Applicant: LOWE'S AT: 266 GROVE ST - UNIT 10 Applicant Address: Phone: Insurance: 282 RUSSELL ST (413) 588 -0270 WC HADLEYMA01035 ISSUED ON :9/16/2010 0 :00 :00 TO PERFORM THE FOLLOWING WORK :INSTALL REPLACEMENT PATIO DOOR POST THIS CARD SO IT IS VISIBLE FROM THE STREET Inspector of Plumbing Inspector of Wiring D.P.W. Building Inspector Underground: Service: Meter: Footings: Rough: Rough: House # Foundation: Driveway Final: Final: Final: Rough Frame: Gas: Fire Department Fireplace /Chimney: Rough: Oil: Insulation: Final: Smoke: Final: THIS PERMIT MAY BE REVOKED BY THE CITY OF NORTHAMPTON UPON VIOLATION OF ANY OF ITS RULES AND REGULATIONS. Certificate of Occupancy Signature: FeeType: Date Paid: Amount: Building 9/16/2010 0:00:00 $35.00 212 Main Street, Phone (413) 587 -1240, Fax: (413) 587 -1272 Louis Hasbrouck — Building Commissioner