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CUSTOMER COPY TERMS AND CONDITIONS 1."LOWE'S<" DEFINED. Within This Contract (as defined on the front page of the Contract), the term "Lowe's" shall refer to Lowe's HIW, Inc., a Washington corporation. ?-GENERAL DESCRIPTION. By this installed sates contract (the "Contract"), Customer agrees to purchase and Lowe's agrees to sell the goods and/or materials (the'Goods") and the services to install same (the "Installation Services`) in or on the above identified premises (the 'Premises") for the stated totat cash price {the °Price") and according to the specifications and other provisions of the Contract docu- ments, including (a) this Contract form, (b) the Addendum, ff and .to the extent applicable, (c) any attached sketches, materials lists, floor plans, and/or specification sheets; and (d) the applicable portion(s) of Lowe's receipt. 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, (e) have the Installer's work inspected, should Lowe's in its discretion choose to do so alit being agreed that Lowe's has no oblige#ion 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 satisfactonly completed (the "Certficate 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 CUSTOMF�i AND NOT UNDER THE SUPERVIS1gN OR CONTROL OF LOWE'S. Customer agrees that fire Installation Services do no# include architectural/engineering services or structural 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 architecturaUengineeringservices orstructural 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. Customer agrees Lowe's owns all Goods until installed into the home, building, or on customer's property. Customer agrees Contract is being offered for the total Price (per below). Customer further agrees any surplus materials upon completion of the installation services shall remain the property of Lowe's and, if instructed by Lowe's, such surplus materials shall be returned to Lowe's by the Installer. Upon request from the Customer at the time of job completion, Lowe`s, in its discretion, will allow all or part of unused, receipted surplus materials to be retained by the Customer. 5. PRICE. The Price covers the Goods, Installation Services, and applicable taxes. The Price assumes sound existing substructures, superstructure and paints 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 (per below). In the event of an Undisclosed Condition or the foregoing, Customer will execute a change order or a new replacement contract upon Lowe's request 6. DISCOUNTS and PROMOTIONS. From time to time, Lowe's provides various promotions, offers and discounts that may apply to Goods and/or installation Services. See specific promotion, offer and dis- count for terms and conditions that may apply. All discounts are taken at the time of Customer's purchase. Applicable discounts or discounted Prices will appear on the Lowe's receipt and/or on the Contract. 7. PAYMENT. Payment of the Price by Customer to Lowe's is due in full upon execution of this Contract Payment for any change order or new replacement contract is due at the time of that change order or replacement contract S. 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, regis- trations, certifications, and permits 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 com- pliance with all applicable safety rules and all existing buidling codes, zoning ordinances and other laws. Neither the installer nor Lowe's shall be responsible for any pre-existing violations of safety rules, build- ing codes, zoning ordinanaces 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 ordin- ance or other law which requires additonal 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 Installation 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. 9, 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. 10. UNDISCLOSED CONDITIONS IN PREMISES. if any defect, weakness or dangerous condition including, but in no way limited to, mold, mildew, rot, asbestos or infestation ('Undisclosed Condition') is dis- covered or identified in the Premises' structure, substructure, superstructure or points of attachment at any time prior to commencement or completion of the Installation Services, Customer must remedy the Undisclosed Condition at Customer's sole cast and expense and to Lowe's sole satisfaction. 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 wheth- er 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 Custom- er under this Contract, then at Lowe's option (i) Lowe's may rescind this Contract 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 (ii) 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 condition, and custom-made goods, may not be returned. 'Custom-made' goods include goods that have been uniquely altered, color -matched, shaped, sized, cut or otherwise designed or #'dted 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. Notwithstanding the foregoing, and alternative to rescinding or terminating this Contract as described above, upon discovery or Identi iration of any Undisclosed Condition in the Premises, Lowe's may in limitd circumstances and markets, and in Lowe's sole discretion, authorize the commencement or continuation of installation Services upon Lowe's receipt of Customer's written agreement (to be furnished to Customer by Lowe's) to release and hold harmless lowe's and Installer from any and all liability arising out of or related to the Undis- closed Condition and Customers remedy of Undisclosed Condition. 11. 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 areas are free of vermin and pre-existing physical or environmental hazards, and buildinglzoning code violations. Customer agrees to provide the In- staller wtth 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 149 Project No. 391629682 for J.B. DUNCAN Page 5 of 7