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INSTALLATION SERVICES CUSTOMER CONTRACT - APPL - DISHWASHERS
RLOWE'S OF S.E. AUSTIN, TX., STORE # 689
R5510 S IH 35
RAUSTIN, TX 78745-3290
R STORE PHONE: (512) 441-0329
R SALESPERSON: TYZAN WILLIE
R SALESPERSON ID: 2160385
R Document Print Date : 05/28/2018
RB
This is only a Quote for the merchandise and services printed below. This becomes an agreement upon payment and issuance of a Lowe's receipt, upon which the entire agree-
ment, including the specifically completed pages of this document, the Terms and Conditions included with this document, the applicable portion(s) of Lowe's receipt, 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.
RB
RLowe's Registration or Contractor License Number / Lowe's Contractor Name
R
R
RB
R
S
O
L
D
R
T
O
RCustomer Name Home Phone
RAJAY MISHRA 512-689-5080
RCustomer Address Other Phone
R208 WESTHAVEN DRIVE
RCity State / Province Zip / Postal Code
RAUSTIN TX 78746
RInstallation Address
R208 WESTHAVEN DRIVE
RInstallation City Installation State/Province Installation Zip/Postal Code
RAUSTIN TX 78746
R
MERCHANDISE AND INSTALLATION SUMMARY
R
MERCHANDISE SUMMARY
R
12253 : 98524 : STK : 8-FT UNIV DW FILL HOSE : 8-FT UNIV DW FILL HOSE : EZ-FLO INTERNATIONAL INC - QTY 1
82359 : L304458800 : STK : SC COUNTERTOP DSHWSHR MOUNT KIT : UNIVERSAL DISHWASHER MOUNTING KIT (COUNTERTOP MOUNT) (METAL) :
ELECTROLUX - QTY 1
175058 : FFBD2406NS : STK : FR 24 SS DISHWASHER FFBD2406NS : 60-DECIBEL BUILT-IN DISHWASHER (STAINLESS STEEL) (COMMON: 24-IN; AC-
TUAL: 24-IN) : ELECTROLUX - QTY 1
575623 : 32028 : STK : 6-FT DISHWASHER CORD KIT : 6-FT DISHWASHER CORD KIT : JIANGTONG SOUTHERN LIMITED - QTY 1
Materials Price $ 318.45
R
STORE COPY
Store 689 Project No. 545750510 for AJAY MISHRA Page 1 of 6
INSTALLATION DESCRIPTION
R R R R R
R Is this a new or direct replacment? : Direct Replacement R Dimensions Customer Is Interested In : 24 inch R
R Braided Supply Line : Yes R Countertop Type : Yes R
R Flooring Type : Granite R Customer Understands Scope of Electric Project : Yes R
R Permit Required : No R Additional Miles Traveled Over 20 : 0 R
R Bring Up To Code Description : None R Describe Other Work Needed : None R
R Comments : Read disclaimer. The customer has been informed additional
charges and fees may be required.
R R
R
R Labor Charges $ 154.00
R Detail Deduction -$ 0.00
R
Additional Specifications:
R
Notation: Lowe's will not make structural modifications, remove cabinetry to accommodate new appliance, or upgrade electrical service.
Additional Specifications: Federal law requires Lowe's to provide you with the pamphlet Renovate Right: Important Lead Hazard Information for Families,
Child Care Providers and Schools. By signing this Contract, Customer acknowledges having received a copy of this pamphlet before work began informing
Customer of the potential risk of the lead hazard exposure from renovation activity to be performed in Customer's dwelling unit.
PHOTO RELEASE: Customer grants to Lowe's and Lowe's employees and independent contractors the right to take photograghs of the Premises where In-
stallation Services will be performed and all work performed at the Premises related to this Contract, and irrevocably grants to Lowe's all right, title, interest in
and to the photographs for use in all markets and media, worldwide, in perpetuity. Customer authorizes Lowe's to copyright, use and publish the photographs in
print and/or electronically, and agrees that Lowe's may use such photographs for any lawful purpose, including, but not limited to, marketing, advertising, publi-
city, illustration, training and Web content. By initialing here, Customer agrees to the foregoing. _______________ [Customer to initial to the left].
NOTICE TO CUSTOMER-PRICE CALCULATIONS: In order to properly perform the installation of certain Goods, the Contract Price may include more Goods
than actually will be installed based on the measured square footage of the Project Area. As a result, the parties agree that the lump-sum Price stated in this
Contract is calculated upon both the value of the estimated Goods required to fulfill the Contract (including waste), which may exceed the actual square footage
of the Project Area, and the labor which may be estimated based on the amount of Goods required to fulfill the contract (including waste). By signing this Con-
tract below, Customer acknowledges receipt of this notice and agrees and understands that the Price includes these costs which may not be refunded once the
Installation Services are performed..
NOTICE OF ARBITRATION AGREEMENT
This Contract provides that all claims by Customer or Lowe's will be resolved by BINDING ARBITRATION. Customer and Lowe's GIVE UP THE RIGHT TO GO
TO COURT to enforce this Contract (EXCEPT for matters that may be taken to SMALL CLAIMS COURT). Lowe's and Customer's rights will be determined by
a NEUTRAL ARBITRATOR and NOT a judge or jury. Lowe's and Customer are entitled to a FAIR HEARING. But the arbitration procedures are SIMPLER AND
MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED RE-
VIEW BY A COURT. FOR MORE DETAILS: Review the section titled ARBITRATION AGREEMENT, WAIVER OF JURY TRIAL AND WAIVER OF CLASS AC-
TION ADJUDICATION found in the Terms and Conditions of this Contract.
R
STORE COPY
Store 689 Project No. 545750510 for AJAY MISHRA Page 2 of 6
R
TOTAL CHARGES OF ALL MERCHANDISE AND SERVICES *where applicable
SUB-TOTAL $ 472.45
*TAX $ 26.27
DELIVERY $ 0.00
ORDER TOTAL $ 498.72
BALANCE DUE
R
R
Work is to commence upon reasonable availablity of Contractor which is anticipated to be______________________[fill in date].
Estimated completion date is ______________________[fill in date].
R
R
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. DO NOT SIGN THIS CONTRACT UNTIL COMPLETE AND YOU HAVE READ THE TERMS AND CONDITIONS OF THIS CONTRACT. BY SIGNING
BELOW, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THE TERMS AND CONDITIONS SET FORTH ON
THIS CONTRACT. YOU ARE ENTITLED TO A COPY OF THIS CONTRACT AT THE TIME OF SIGNATURE.
I understand that this transaction is not a sale of tangible property and is not subject to State or local sales tax. Any reference to tax that appears in re-
lated documents including estimate sheets, invoices or point of sale receipts reflects the portion of the price charged to me that is attributable to tax in-
curred by Lowe's on Lowe's purchase or use of property related to this contract.
This contract is subject to Chapter 27 of the Texas Property Code. The provisions of that chapter may affect your right to recover damages arising from
the performance of this contract. If you have a complaint concerning a construction defect arising from the performance of this contract and that defect
has not been corrected through normal warranty service, you must provide the notice required by Chapter 27 of the Texas Property Code to the contract-
or by certified mail, return receipt requested, not later than the 60th day before the date you file suit to recover damages in a court of law or initiate arbitra-
tion. The notice must refer to Chapter 27 of the Texas Property Code and must describe the construction defect. If requested by the contactor, you must
provide the contractor an opportunity to inpect and cure the defect as provided by Section 27.004 of the Texas Property Code.
WITNESS OUR HAND(S) AND SEAL(S) BELOW THIS_________DAY OF____________,_________.
Lowe's Home Centers, LLC
R
R
R
STORE COPY
Store 689 Project No. 545750510 for AJAY MISHRA Page 3 of 6
May 28, 2018
R
By: (Seal)
R
Print Name:
R
Address Owner
(Seal)
R
City State / Province Zip / Postal Code Print Name
Co-Owner or Witness
(Seal)
Print Name
R
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 COPY
Store 689 Project No. 545750510 for AJAY MISHRA Page 4 of 6
TyzanWillie (May 28, 2018)
TyzanWillie
TyzanWillie (May 28, 2018)
TyzanWillie
ajay mishra (May 29, 2018)
ajay mishra
ajay mishra (May 29, 2018)
ajay mishra
TERMS AND CONDITIONS
LOWE'S DEFINED. It is understood that various independent and separate corporations use this form. Therefore, within this Contract, the term "Lowe's" shall refer individually to one of the following corpora-
tions as evidenced on the signature page of this Contract: "Lowe's Home Centers, LLC." (a North Carolina corporation and wholly owned subsidiary of Lowe's Companies, Inc., a North Carolina corporation).
2.GENERAL DESCRIPTION. By executing this Contract, Customer and Lowe's agree that 1) Lowe's shall provide Customer the goods and/or materials (the "Goods"), 2) Lowe's shall procure on Customer's
behalf, the services to install the Goods (the "Installation Services") in or on the premises identified on the face of this Contract (the "Premises") and 3) Customer shall pay Lowe's the lump-sum Contract Total
stated on the face of this Contract (the "Price") and according to the provisions of the "Contract Documents". The Installation Services shall be perfomed in the specific rooms or areas of the Premises identified
on the face of this Contract ("Project Area"). The "Contract Documents" shall consist of (1) the face of this Contract, (2) these Terms and Conditions, (3) the applicable portion(s) of Lowe's receipt and (4) 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.
INSTALLATION SERVICES. Customer authorizes Lowe's (a) to arrange for the Installation Services to be performed by an experienced independent contractor (the "Installer")(licensed when legally required),
(b) to issue a work order to the Installer to perform the Installation Services, (c) to inspect the Installer's work, and (d) to 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.
4. GOODS. Lowe's will arrange for delivery of the Goods to the Premises. Customer agrees that title to goods does not pass to Customer until installed in Customer's home, building, or on Customer's prop-
erty. Customer agrees Contract is being offered for the total Price (per below). Customer further agrees any surplus materials upon completion of the Installation Services are not the property of customer and,
if instructed by Lowe's, such surplus materials shall be returned to Lowe's by the Installer. Upon request from Customer at the time of job completion, Lowe's, in its discretion, will allow all or part of the unused,
receipted surplus materials to be retained by the Customer.
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 (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.
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 discount
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.
PAYMENT. Payment of the Price by Customer to Lowe's is due in full upon execution of the Contract.
WAIVER OF LIENS FOR CONTRACTS OF $3,000 OR LESS. If this Contract is for a Price of $3,000 or less, Lowe's, on behalf of itself, its Installer, and any subcontractor(s), hereby fully and unconditionally
relinquishes, waives and releases any and all mechanic's liens, materialman's liens and other liens in the Premises which Lowe's might have or acquire, by operation of law or otherwise, as a result of this Con-
tract. In addition, because responsibility for paying its Installer belongs to Lowe's and not to Customer, Lowe's has required the Installer, on behalf of itself and any subcontractor(s), to fully and unconditionally
relinquish, waive and release any and all mechanic's liens, materialman's liens and other liens in the Premises which the Installer or subcontractor might have or acquire now or in the future, by operation of
law or otherwise, as a result of this Contract.
ENTIRE AGREEMENT. This Contract accurately states the entire agreement between Customer and Lowe's concerning this sale of Goods and Installation Services and replaces and supersedes all prior
agreements and understandings relating thereto, both oral and written. Any additions or changes to this Contract must be in writing signed by Customer and Lowe's.
MANUFACTURER WARRANTY FOR GOODS / LOWE'S WARRANTY FOR INSTALLATION SERVICES. Customer is entitled to any warranty provided by a manufacturer of the Goods sold under this Con-
tract. 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. Lowe's does warrant that the Installation Services will be performed by the Installer in a good and workmanlike manner. Lowe's warranty for Installation Services shall extend for a peri-
od of one year from the date the Certificate of Completion is signed by Customer or for such greater period as may be required by applicable law governing consumer warranties for workmanship (the Warranty
Period). 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 and workmanlike manner, including the repair or replacement of any Goods if and to the extent reasonably necessary to correct the defective Installation Services. Cus-
tomer shall have no other remedy against Lowe's 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, loss or damage caused by acts of God, incidental or consequential damages for lost profits, sales, injuries to persons or property, or any other incidental or consequential damages. Lowe's warranty
for Installation Services shall be in lieu of any other warranty expressed or implied, including without limitation any implied warranty of merchantability or fitness for a particular purpose. In connection with any
warranty claim, Customer agrees, at no cost to Lowe's, to prepare the Premises, including the removal and replacement of fixtures incident to the repair area, so that Lowe's, or its designee, can correct the de-
fective Installation Services without undue delay.
LICENSES, PERMITS, SAFETY RULES, BUILDING CODES, ZONING ORDINANCES, AND OTHER LAWS. Lowe's shall be responsible to Customer for obtaining any and all licenses and building permits
which are legally required to perform the Contract. If Customer obtains permits on his own, Customer will be precluded from claiming against certain state guaranty funds relating to home improvements.
Lowe's shall also be responsible to Customer for the Contract's being performed in compliance with all applicable safety rules and all existing building codes, zoning ordinances and other laws. Lowe's shall not
be responsible for any pre-existing violations of safety rules, building codes, zoning ordinances or other laws. If a change occurs to any applicable safety rule, building code, zoning ordinance or other law
which requires additional Goods and/or Installation Services to perform the 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.
CUSTOMER'S WARRANTY AGAINST VIOLATIONS OF EASEMENTS, COVENANTS, AND THIRD PARTY RIGHTS. Customer warrants that performance of this Contract by Lowe's and its Installer will not
violate any existing real property easements, covenants, or rights of third parties holding an interest in the real property being improved.
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 cost 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,
STORE COPY
Store 689 Project No. 545750510 for AJAY MISHRA Page 5 of 6
shaped, sized, cut or otherwise 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. Notwithstanding the foregoing, and alternative to rescinding or terminating this Contract as described above, upon discovery or
identification of any Undisclosed Condition in the Premises, Lowe's may in limited circumstances and markets, and in Lowe's sole discretion, authorize the commencement or continuation of Installation Ser-
vices 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 Un-
disclosed Condition and Customer's remedy of Undisclosed Condition.
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.jamsadr.com) (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 (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 claims based upon alleged product defect, contract,
tort, fraud, or other intentional 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, parent 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 Customer's behalf by another person, (9) 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 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 Lowe's waive any right to bring or participate in a class action lawsuit or class action arbitra-
tion 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 NB6LG, 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
mutually 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 arbitration. Unless the arbitrator's 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 wit-
ness 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, pro-
cedures and protocols of the arbitration 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 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, Customer agrees that Lowe's shall be entitled
to recover its reasonable attorneys' fees as provided by N.C. Gen. Stat. Section 6-21.2 or other controlling law. The parties agree that this arbitration agreement is made in connection with a transaction in-
volving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16 (as 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 laws of the State of North Carolina.
REMEDY FOR BREACH. If Customer breaches this Contract, Lowe's, or its assigns, shall be entitled to recover the greater of liquidated damages in the amount of 20% of the total Contract price or such actu-
al damages as Lowe's, or its assignees, prove. Also, if Customer fails to pay Lowe's in accordance with this Contract, Lowe's shall be entitled to recover its legal costs, including reasonable attorney's fees, in
connection with arbitrating, obtaining judgment on an arbitration award, or otherwise pursuing Customer for collection. Customer agrees that Lowe's reasonable attorney's fees shall constitute 15% of the
amount owed under the Contract, arbitration award or judgment.
UNAVOIDABLE DELAY OR FAILURE IN PERFORMANCE EXCUSED. Any delay or failure by Lowe's or its Installer in performing this Contract because of strike, fire, flood, acts of God, inability to obtain
Goods, or any other causes beyond the reasonable control of Lowe's or its Installer shall be excused and shall not be breaches of this Contract.
MISCELLANEOUS. This Contract shall be interpreted under and governed by the law of North Carolina. If any provision of this Contract is contrary to any law to which it is subject, such unlawful provision
shall be ineffective without invalidating the other provisions which shall remain in full force and effect. All parties to this Agreement acknowledge that if this Agreement is executed, or to the extent this Agree-
ment is to be performed, within the states of Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nevada, Oregon, Utah, Washington, Wyoming, it is an Agreement exclusively with Lowe's Home
Centers, LLC. and no rights or remedies shall be available from any other Lowe's entity. If this Agreement is executed, or to the extent this Agreement is to be performed, outside of Alaska, Arizona, California,
Colorado, Hawaii, Idaho, Montana, Nevada, Oregon, Utah, Washington, Wyoming, it is an Agreement with Lowe's Home Centers, LLC. and no rights or remedies shall be available from any other Lowe's en-
tity. The terms of this Agreement shall inure to the benefit of Lowe's Companies, Inc., as well as its wholly owned subsidiaries. It is agreed that Lowe's Companies, Inc. or any of its wholly owned subsidiaries
may bring any action for recourse or remedy sought by Lowe's. It is further agreed that the other party to this Agreement shall be limited to seeking recourse or remedy exclusively from the specific Lowe's cor-
poration with which this Agreement is executed, as evidenced on the signature page, and none other.
SPECIAL NOTICES. If this Contract is for a price of more than $3,000 and Lowe's therefore retains its lien rights in the Premises until paid in full:
IMPORTANT NOTICE: You and your contractor are responsible for meeting the terms and conditions of this Contract. If you sign this Contract and you fail to meet the terms and conditions of this Contract, you
may lose your legal ownership rights in your home. KNOW ALL YOUR RIGHS AND DUTIES UNDER THE LAW.
STORE COPY
Store 689 Project No. 545750510 for AJAY MISHRA Page 6 of 6

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Dishwasher MAY 29, 2018 208 WESTHAVEN DRIVE $498.72

  • 1. INSTALLATION SERVICES CUSTOMER CONTRACT - APPL - DISHWASHERS RLOWE'S OF S.E. AUSTIN, TX., STORE # 689 R5510 S IH 35 RAUSTIN, TX 78745-3290 R STORE PHONE: (512) 441-0329 R SALESPERSON: TYZAN WILLIE R SALESPERSON ID: 2160385 R Document Print Date : 05/28/2018 RB This is only a Quote for the merchandise and services printed below. This becomes an agreement upon payment and issuance of a Lowe's receipt, upon which the entire agree- ment, including the specifically completed pages of this document, the Terms and Conditions included with this document, the applicable portion(s) of Lowe's receipt, 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. RB RLowe's Registration or Contractor License Number / Lowe's Contractor Name R R RB R S O L D R T O RCustomer Name Home Phone RAJAY MISHRA 512-689-5080 RCustomer Address Other Phone R208 WESTHAVEN DRIVE RCity State / Province Zip / Postal Code RAUSTIN TX 78746 RInstallation Address R208 WESTHAVEN DRIVE RInstallation City Installation State/Province Installation Zip/Postal Code RAUSTIN TX 78746 R MERCHANDISE AND INSTALLATION SUMMARY R MERCHANDISE SUMMARY R 12253 : 98524 : STK : 8-FT UNIV DW FILL HOSE : 8-FT UNIV DW FILL HOSE : EZ-FLO INTERNATIONAL INC - QTY 1 82359 : L304458800 : STK : SC COUNTERTOP DSHWSHR MOUNT KIT : UNIVERSAL DISHWASHER MOUNTING KIT (COUNTERTOP MOUNT) (METAL) : ELECTROLUX - QTY 1 175058 : FFBD2406NS : STK : FR 24 SS DISHWASHER FFBD2406NS : 60-DECIBEL BUILT-IN DISHWASHER (STAINLESS STEEL) (COMMON: 24-IN; AC- TUAL: 24-IN) : ELECTROLUX - QTY 1 575623 : 32028 : STK : 6-FT DISHWASHER CORD KIT : 6-FT DISHWASHER CORD KIT : JIANGTONG SOUTHERN LIMITED - QTY 1 Materials Price $ 318.45 R STORE COPY Store 689 Project No. 545750510 for AJAY MISHRA Page 1 of 6
  • 2. INSTALLATION DESCRIPTION R R R R R R Is this a new or direct replacment? : Direct Replacement R Dimensions Customer Is Interested In : 24 inch R R Braided Supply Line : Yes R Countertop Type : Yes R R Flooring Type : Granite R Customer Understands Scope of Electric Project : Yes R R Permit Required : No R Additional Miles Traveled Over 20 : 0 R R Bring Up To Code Description : None R Describe Other Work Needed : None R R Comments : Read disclaimer. The customer has been informed additional charges and fees may be required. R R R R Labor Charges $ 154.00 R Detail Deduction -$ 0.00 R Additional Specifications: R Notation: Lowe's will not make structural modifications, remove cabinetry to accommodate new appliance, or upgrade electrical service. Additional Specifications: Federal law requires Lowe's to provide you with the pamphlet Renovate Right: Important Lead Hazard Information for Families, Child Care Providers and Schools. By signing this Contract, Customer acknowledges having received a copy of this pamphlet before work began informing Customer of the potential risk of the lead hazard exposure from renovation activity to be performed in Customer's dwelling unit. PHOTO RELEASE: Customer grants to Lowe's and Lowe's employees and independent contractors the right to take photograghs of the Premises where In- stallation Services will be performed and all work performed at the Premises related to this Contract, and irrevocably grants to Lowe's all right, title, interest in and to the photographs for use in all markets and media, worldwide, in perpetuity. Customer authorizes Lowe's to copyright, use and publish the photographs in print and/or electronically, and agrees that Lowe's may use such photographs for any lawful purpose, including, but not limited to, marketing, advertising, publi- city, illustration, training and Web content. By initialing here, Customer agrees to the foregoing. _______________ [Customer to initial to the left]. NOTICE TO CUSTOMER-PRICE CALCULATIONS: In order to properly perform the installation of certain Goods, the Contract Price may include more Goods than actually will be installed based on the measured square footage of the Project Area. As a result, the parties agree that the lump-sum Price stated in this Contract is calculated upon both the value of the estimated Goods required to fulfill the Contract (including waste), which may exceed the actual square footage of the Project Area, and the labor which may be estimated based on the amount of Goods required to fulfill the contract (including waste). By signing this Con- tract below, Customer acknowledges receipt of this notice and agrees and understands that the Price includes these costs which may not be refunded once the Installation Services are performed.. NOTICE OF ARBITRATION AGREEMENT This Contract provides that all claims by Customer or Lowe's will be resolved by BINDING ARBITRATION. Customer and Lowe's GIVE UP THE RIGHT TO GO TO COURT to enforce this Contract (EXCEPT for matters that may be taken to SMALL CLAIMS COURT). Lowe's and Customer's rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. Lowe's and Customer are entitled to a FAIR HEARING. But the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED RE- VIEW BY A COURT. FOR MORE DETAILS: Review the section titled ARBITRATION AGREEMENT, WAIVER OF JURY TRIAL AND WAIVER OF CLASS AC- TION ADJUDICATION found in the Terms and Conditions of this Contract. R STORE COPY Store 689 Project No. 545750510 for AJAY MISHRA Page 2 of 6
  • 3. R TOTAL CHARGES OF ALL MERCHANDISE AND SERVICES *where applicable SUB-TOTAL $ 472.45 *TAX $ 26.27 DELIVERY $ 0.00 ORDER TOTAL $ 498.72 BALANCE DUE R R Work is to commence upon reasonable availablity of Contractor which is anticipated to be______________________[fill in date]. Estimated completion date is ______________________[fill in date]. R R 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. DO NOT SIGN THIS CONTRACT UNTIL COMPLETE AND YOU HAVE READ THE TERMS AND CONDITIONS OF THIS CONTRACT. BY SIGNING BELOW, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THE TERMS AND CONDITIONS SET FORTH ON THIS CONTRACT. YOU ARE ENTITLED TO A COPY OF THIS CONTRACT AT THE TIME OF SIGNATURE. I understand that this transaction is not a sale of tangible property and is not subject to State or local sales tax. Any reference to tax that appears in re- lated documents including estimate sheets, invoices or point of sale receipts reflects the portion of the price charged to me that is attributable to tax in- curred by Lowe's on Lowe's purchase or use of property related to this contract. This contract is subject to Chapter 27 of the Texas Property Code. The provisions of that chapter may affect your right to recover damages arising from the performance of this contract. If you have a complaint concerning a construction defect arising from the performance of this contract and that defect has not been corrected through normal warranty service, you must provide the notice required by Chapter 27 of the Texas Property Code to the contract- or by certified mail, return receipt requested, not later than the 60th day before the date you file suit to recover damages in a court of law or initiate arbitra- tion. The notice must refer to Chapter 27 of the Texas Property Code and must describe the construction defect. If requested by the contactor, you must provide the contractor an opportunity to inpect and cure the defect as provided by Section 27.004 of the Texas Property Code. WITNESS OUR HAND(S) AND SEAL(S) BELOW THIS_________DAY OF____________,_________. Lowe's Home Centers, LLC R R R STORE COPY Store 689 Project No. 545750510 for AJAY MISHRA Page 3 of 6 May 28, 2018
  • 4. R By: (Seal) R Print Name: R Address Owner (Seal) R City State / Province Zip / Postal Code Print Name Co-Owner or Witness (Seal) Print Name R 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 COPY Store 689 Project No. 545750510 for AJAY MISHRA Page 4 of 6 TyzanWillie (May 28, 2018) TyzanWillie TyzanWillie (May 28, 2018) TyzanWillie ajay mishra (May 29, 2018) ajay mishra ajay mishra (May 29, 2018) ajay mishra
  • 5. TERMS AND CONDITIONS LOWE'S DEFINED. It is understood that various independent and separate corporations use this form. Therefore, within this Contract, the term "Lowe's" shall refer individually to one of the following corpora- tions as evidenced on the signature page of this Contract: "Lowe's Home Centers, LLC." (a North Carolina corporation and wholly owned subsidiary of Lowe's Companies, Inc., a North Carolina corporation). 2.GENERAL DESCRIPTION. By executing this Contract, Customer and Lowe's agree that 1) Lowe's shall provide Customer the goods and/or materials (the "Goods"), 2) Lowe's shall procure on Customer's behalf, the services to install the Goods (the "Installation Services") in or on the premises identified on the face of this Contract (the "Premises") and 3) Customer shall pay Lowe's the lump-sum Contract Total stated on the face of this Contract (the "Price") and according to the provisions of the "Contract Documents". The Installation Services shall be perfomed in the specific rooms or areas of the Premises identified on the face of this Contract ("Project Area"). The "Contract Documents" shall consist of (1) the face of this Contract, (2) these Terms and Conditions, (3) the applicable portion(s) of Lowe's receipt and (4) 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. INSTALLATION SERVICES. Customer authorizes Lowe's (a) to arrange for the Installation Services to be performed by an experienced independent contractor (the "Installer")(licensed when legally required), (b) to issue a work order to the Installer to perform the Installation Services, (c) to inspect the Installer's work, and (d) to 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. 4. GOODS. Lowe's will arrange for delivery of the Goods to the Premises. Customer agrees that title to goods does not pass to Customer until installed in Customer's home, building, or on Customer's prop- erty. Customer agrees Contract is being offered for the total Price (per below). Customer further agrees any surplus materials upon completion of the Installation Services are not the property of customer and, if instructed by Lowe's, such surplus materials shall be returned to Lowe's by the Installer. Upon request from Customer at the time of job completion, Lowe's, in its discretion, will allow all or part of the unused, receipted surplus materials to be retained by the Customer. 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 (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. 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 discount 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. PAYMENT. Payment of the Price by Customer to Lowe's is due in full upon execution of the Contract. WAIVER OF LIENS FOR CONTRACTS OF $3,000 OR LESS. If this Contract is for a Price of $3,000 or less, Lowe's, on behalf of itself, its Installer, and any subcontractor(s), hereby fully and unconditionally relinquishes, waives and releases any and all mechanic's liens, materialman's liens and other liens in the Premises which Lowe's might have or acquire, by operation of law or otherwise, as a result of this Con- tract. In addition, because responsibility for paying its Installer belongs to Lowe's and not to Customer, Lowe's has required the Installer, on behalf of itself and any subcontractor(s), to fully and unconditionally relinquish, waive and release any and all mechanic's liens, materialman's liens and other liens in the Premises which the Installer or subcontractor might have or acquire now or in the future, by operation of law or otherwise, as a result of this Contract. ENTIRE AGREEMENT. This Contract accurately states the entire agreement between Customer and Lowe's concerning this sale of Goods and Installation Services and replaces and supersedes all prior agreements and understandings relating thereto, both oral and written. Any additions or changes to this Contract must be in writing signed by Customer and Lowe's. MANUFACTURER WARRANTY FOR GOODS / LOWE'S WARRANTY FOR INSTALLATION SERVICES. Customer is entitled to any warranty provided by a manufacturer of the Goods sold under this Con- tract. 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. Lowe's does warrant that the Installation Services will be performed by the Installer in a good and workmanlike manner. Lowe's warranty for Installation Services shall extend for a peri- od of one year from the date the Certificate of Completion is signed by Customer or for such greater period as may be required by applicable law governing consumer warranties for workmanship (the Warranty Period). 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 and workmanlike manner, including the repair or replacement of any Goods if and to the extent reasonably necessary to correct the defective Installation Services. Cus- tomer shall have no other remedy against Lowe's 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, loss or damage caused by acts of God, incidental or consequential damages for lost profits, sales, injuries to persons or property, or any other incidental or consequential damages. Lowe's warranty for Installation Services shall be in lieu of any other warranty expressed or implied, including without limitation any implied warranty of merchantability or fitness for a particular purpose. In connection with any warranty claim, Customer agrees, at no cost to Lowe's, to prepare the Premises, including the removal and replacement of fixtures incident to the repair area, so that Lowe's, or its designee, can correct the de- fective Installation Services without undue delay. LICENSES, PERMITS, SAFETY RULES, BUILDING CODES, ZONING ORDINANCES, AND OTHER LAWS. Lowe's shall be responsible to Customer for obtaining any and all licenses and building permits which are legally required to perform the Contract. If Customer obtains permits on his own, Customer will be precluded from claiming against certain state guaranty funds relating to home improvements. Lowe's shall also be responsible to Customer for the Contract's being performed in compliance with all applicable safety rules and all existing building codes, zoning ordinances and other laws. Lowe's shall not be responsible for any pre-existing violations of safety rules, building codes, zoning ordinances or other laws. If a change occurs to any applicable safety rule, building code, zoning ordinance or other law which requires additional Goods and/or Installation Services to perform the 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. CUSTOMER'S WARRANTY AGAINST VIOLATIONS OF EASEMENTS, COVENANTS, AND THIRD PARTY RIGHTS. Customer warrants that performance of this Contract by Lowe's and its Installer will not violate any existing real property easements, covenants, or rights of third parties holding an interest in the real property being improved. 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 cost 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, STORE COPY Store 689 Project No. 545750510 for AJAY MISHRA Page 5 of 6
  • 6. shaped, sized, cut or otherwise 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. Notwithstanding the foregoing, and alternative to rescinding or terminating this Contract as described above, upon discovery or identification of any Undisclosed Condition in the Premises, Lowe's may in limited circumstances and markets, and in Lowe's sole discretion, authorize the commencement or continuation of Installation Ser- vices 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 Un- disclosed Condition and Customer's remedy of Undisclosed Condition. 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.jamsadr.com) (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 (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 claims based upon alleged product defect, contract, tort, fraud, or other intentional 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, parent 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 Customer's behalf by another person, (9) 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 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 Lowe's waive any right to bring or participate in a class action lawsuit or class action arbitra- tion 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 NB6LG, 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 mutually 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 arbitration. Unless the arbitrator's 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 wit- ness 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, pro- cedures and protocols of the arbitration 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 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, Customer agrees that Lowe's shall be entitled to recover its reasonable attorneys' fees as provided by N.C. Gen. Stat. Section 6-21.2 or other controlling law. The parties agree that this arbitration agreement is made in connection with a transaction in- volving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16 (as 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 laws of the State of North Carolina. REMEDY FOR BREACH. If Customer breaches this Contract, Lowe's, or its assigns, shall be entitled to recover the greater of liquidated damages in the amount of 20% of the total Contract price or such actu- al damages as Lowe's, or its assignees, prove. Also, if Customer fails to pay Lowe's in accordance with this Contract, Lowe's shall be entitled to recover its legal costs, including reasonable attorney's fees, in connection with arbitrating, obtaining judgment on an arbitration award, or otherwise pursuing Customer for collection. Customer agrees that Lowe's reasonable attorney's fees shall constitute 15% of the amount owed under the Contract, arbitration award or judgment. UNAVOIDABLE DELAY OR FAILURE IN PERFORMANCE EXCUSED. Any delay or failure by Lowe's or its Installer in performing this Contract because of strike, fire, flood, acts of God, inability to obtain Goods, or any other causes beyond the reasonable control of Lowe's or its Installer shall be excused and shall not be breaches of this Contract. MISCELLANEOUS. This Contract shall be interpreted under and governed by the law of North Carolina. If any provision of this Contract is contrary to any law to which it is subject, such unlawful provision shall be ineffective without invalidating the other provisions which shall remain in full force and effect. All parties to this Agreement acknowledge that if this Agreement is executed, or to the extent this Agree- ment is to be performed, within the states of Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nevada, Oregon, Utah, Washington, Wyoming, it is an Agreement exclusively with Lowe's Home Centers, LLC. and no rights or remedies shall be available from any other Lowe's entity. If this Agreement is executed, or to the extent this Agreement is to be performed, outside of Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nevada, Oregon, Utah, Washington, Wyoming, it is an Agreement with Lowe's Home Centers, LLC. and no rights or remedies shall be available from any other Lowe's en- tity. The terms of this Agreement shall inure to the benefit of Lowe's Companies, Inc., as well as its wholly owned subsidiaries. It is agreed that Lowe's Companies, Inc. or any of its wholly owned subsidiaries may bring any action for recourse or remedy sought by Lowe's. It is further agreed that the other party to this Agreement shall be limited to seeking recourse or remedy exclusively from the specific Lowe's cor- poration with which this Agreement is executed, as evidenced on the signature page, and none other. SPECIAL NOTICES. If this Contract is for a price of more than $3,000 and Lowe's therefore retains its lien rights in the Premises until paid in full: IMPORTANT NOTICE: You and your contractor are responsible for meeting the terms and conditions of this Contract. If you sign this Contract and you fail to meet the terms and conditions of this Contract, you may lose your legal ownership rights in your home. KNOW ALL YOUR RIGHS AND DUTIES UNDER THE LAW. 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