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CUSTOMER COPY 12. MANUFACTURER WARRANTY FOR GOODS. Customer is entitled to any warranty provided by a manufacturer of the Goods sold under this Contract. The Installer will provide Customer with any manu- fdaturer consumer warranty information accompanying the Goods, and Customer may also obtain such information by contacting Lowe's. LOWE'S DOES NOT WARRANT THE Annnc enrn ProuCcei v 13. LOWE'S WARRANTY FOR INSTALLATION SERVICES/LIMITATIONS OF LIABILITY. Lowe's does warrant that the lnstalition Services will be performed by the installer in a good and workmanlike man- ner. 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 maybe required by applicable law governing consumer warranties for workmanship (the "Warranty Period"). LOWE'S WARRANTY THAT THE INSTALLATION SERVICES WILL BE PERFORMED BY THE INSTALLER 1N 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 INFESTA- TION IN THE PREMISES' STRUCTURE, SUBSTRUCTURE, SUPERSTRUCTURE OR POINTS OF ATTACHMENT, OR OTHER PRE-EXISTING PHYSICAL OR ENVIRONMENTAL HAZARD, OR (2) A& USE_ MISUSE, NEGLECT, OR IMPROPER CLEANING. LOWE'S WARRANTY FOR INSTALLATION SERVICES SHai 1 RR iN 11F11 no Anry nrcrea tinrAccA�,ry r=VnncO.rn — ,nnn..., .. ,... uusmmer acxnowied es 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 liabirdy 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 PROPERTYy� 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 11 of these Terms and Conditions. 14. ARBITRATION AGREEMENT, WAIVER OF JURY TRIAL AND WAIVER OF CLASS ACTION ADJUDICATION. Most questions or complaints are resolved informally. If Customer has a question or com- plaint, Customer agrees to contact the Lowe's salesperson whose name appears on this Contract and the manager of the Lowe's store at the address and/or phone number on the front page of this Contract All claims by Customer or Lowe's concerning this Contract which cannot be resolved informally shall be resolved by binding arbitration conducted by a single arbitrator under the current applicable rules, pro- cedures and protocols of JAMS, inc. (JAMS) (www.jamsadreom) (as amended) or the American Arbitration Association (AAA) (www.adr.org) (as amended). The parties agree that if JAMS or AAA are unable or unwilling to arbitrate the matter, the parties will agree upon a single arbitrator with a nationally recognized arbitration firm to arbitrate the matter. Claims to be resolved by binding arbitration include, but are not limited to (t) ail claims directly or indirectly related to the signing of this arbitration agreement, the vaildity or scope of this arbitration agreement, or any attempt to set aside this arbitration agreement, (2) all federa! or state taw claims relating directly or indirectly to this Contract (including this arbitration agreement), the information Customer gave Lowe% 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 claims based upon alleged product defect, contract, tort, fraud, ar other intentional torts, (5) al[ claims based upon a violation of any state or federal constitution, statute or regulation, (§ 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) ail claims asserted by Customer Individually against Lowe s and/or any of Lowe s employees, agents, directors, officers, shareholders, managers, members, parent company or aff[liated 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 Customers behalf by another person, (g) all claims asserted by or on behalf of a 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 indirectly 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 un- der or related to this Contract whether or not set forth above. 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. 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 as set forth immediately above. Lowe's and Cus- tomer agree that binding arbitration provides a simple, cost efficient method to resolve disputes quickly. Lowe's and Customer therefore agree that no class action lawsuit or class action arbitration of any type may be pursued by or on behalf of the Customer or 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. By agreeing to binding arbitration Customer and LowVs waive any right to bring or participate in a class action lawsuit or class action arbitration regarding any claim. How Arbitration Works, I owe'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 Lowes at the following address: Mail Code NB6LG, P.O. Box 100o, Mooresville, NC 28116. 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 mutually agree. Lowe's shalt 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% wins the arbitra- tion. Unless the arbitrators award or controlling law 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 then current rules, procedures and pro- tocols of the artitration entity selected by the parties as set forth above. The arbitrator's award may be filed with and enforced by any court having jurisdiction. If allowed by statute or controlling law, the arbitrat or may award statutory damages and/or resonable attorneys' fees and expenses. if Customer fans 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. Slat 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 Federa[ Arbitration Act B U,S.C. Sections 1-1fi (as it may be amended) (FAA) but if for any reason the Federal Arbitration Act does not apply, then this arbitration agreement shall be goverened by the Paws of the State of North Carolina. 15. GOVERNING LAW AND SEVERAB[L1TY. This Contract shall be in under and governed by the law of North Carolina, without regard to the choice of law rules of any state, except that the ARBIT- RATION AGREEMENT, WAIVER OF JURY TRIAL AND WAIVER OF CLASS ACTION ADJUDICATION is governed by the FAA. if any provision of the Contract is contrary to any law to which it is subject such unlawiui provision shalE be Ineffective without invalidat ng the other provisions, which shall remain in full force and effect 16. eme t CARD /FINANCED TRANSACTIONS. If Customer uses a credit card or obtains financing to pay some or all of the Price, then Customer acknowledges that the terms of his or her cardholder agreement or financing documents may change the total amount of money Customer must pay to the credit card provider or lender, including any interest charges and fees. Customer acknowledges that his or her cardholder agreement or financing documents may have other terms and conditions to which Customer Will be subject Customer also acknowledges that Lowe's is not a party to any such cardholder or fin- ancing agreement 17. WAIVER OF LIENS. Because responsibility for paying the Installer on Customer's behalf belongs to Lowe's, Lowe's will require the installer, on behalf of itself and any of the Installer`s subcontractors, ma- terialmen or suppliers, as a condition precedent to payment by Lowe's on Customers behalf, to fully and unconditionally relinquish, waive and release any and all mechanic's liens, materialman's lien and other Store 149 Project No. 391629682 for J.B. DUNCAN Page 6 of 7