At Stellrr, we go above and beyond industry standard practices to deliver the highest reasonable level of service while maintaining very competitive pricing.
By hiring Stellrr, you, the Client, are accepting, agreeing to, and promising to comply with the following Terms of Service.
Agreement: Your estimate’s “Description” line items and Stellrr’s Terms of Service constitute the entire agreement between the Client and Stellrr, and no terms, conditions, or understandings, whether expressed or implied, have been agreed upon except as expressed in the estimate, Description line items and in the following Terms of Service. If you do not accept the terms of service, do not use Stellrr.
1. The Work.
This is a contract to supply only the Work specified above. Any other products or services supplied will be at our normal rates and terms.
You authorize us to do the Work, will cooperate as required, and agree to provide reasonable access to the Premises. You will supply all other necessary services such as electricity, light, and water.
All Work will be completed according to standard practices. We may subcontract all or any part of the Work.
Additional work required to correct unforeseen pre-existing conditions will be at your expense. We will not be liable if an event beyond our reasonable control delays or prevents us from doing the Work.
We have sixty (60) days to remedy any problem after we receive written notice. All Products are to be used for their intended purpose; your use of them constitutes acceptance, and we will not be liable for any damage from use.
2. Invoicing & Payment.
You agree to pay Stellrr in full for all amounts due, including sales taxes, within 24 hours of **substantial completion of the work**.
Substantial completion is defined as the product has been installed and can be used for its intended purpose, yet some “punch list” items may still be needed for final completion. Stellrr retains full ownership of any products and materials installed until the invoice is paid in full.
Any discounts or coupons shall be negated if any amount becomes past due.
Outstanding balances will accrue interest at eighteen percent (18%) per annum (1.5% per month) until paid. Overdue invoices are subject to late charges.
You agree to place a deposit with us upon Accepting and Approving the proposal. The minimum deposit is $500. To get on the Schedule, a deposit must be paid and the proposal must be Approved.
If credit or payment terms are agreed to, then you authorize us to obtain any information regarding your credit history.
All Products will remain Stellrr’s property until we receive full payment. Failure to make full payment within 72 hours will entitle us, in our sole discretion:
- to remove all Products and/or materials, including those in use.
- void any warranties on products and workmanship.
- void any bonuses, discounts, or savings.
- file for Theft of Service, a Felony. Texas law allows fines of up to $10,000 and up to two years in State Jail.
- file a Mechanics Lein on the property, preventing it from being sold without paying the debt in full with accrued interest and fees.
- send the account to a third party for collection.
All costs associated with the non-payment are the client’s responsibility to pay Stellrr, including but not limited to: accumulated late fees, return check fees, insufficient funds fees, collection agency fees, and court and attorney costs.
Forms of payment. Checks or Cash may be mailed to our Stellrr Accounting at 9926 Vikki Terrace, Austin, TX 78736. Stellrr accepts credit cards for 3.5% additional cost. Stellrr passes on to you the added cost that the financial institution charges Stellrr to process payment via credit card. Financing is done through MoreHouse Finance and EnerBank USA.
3. Premises.
You warrant that the Premises do not violate any building codes, ordinances, or statutes and that there is no asbestos or other hazardous material (“HazMat”) on the Premises; we rely on your warranty.
If any HazMat is found on the Premises, we may stop the Work, and you agree to have it properly removed or addressed as legally required. You will be solely responsible for such HazMat, including all identification, abatement, cleanup, and all handling, and we will have no responsibility or liability in any regard.
We are not liable for any damage to the Premises or to any personal property unless caused by our gross negligence.
Damage claims may not be offset against any balance due under this Agreement; such claims must be handled as a separate matter.
4. Cancellation.
Stellrr may cancel this Agreement at any time and without liability for any Work performed or to be performed and return your money, except for any amounts already used or committed for the Work.
For Work performed beyond payments received, you agree to pay us for time and materials at our standard rates and terms through cancellation and to pay all invoices upon receipt.
You may not cancel this Agreement after the Notice of Cancellation period nor prevent or delay us from performing the Work.
5. Changes and Interpretation.
A written signature by both you and us is required for any change orders or changes to this Agreement, and all new costs will be your responsibility. You may not transfer your rights or obligations under this Agreement without our express prior written consent. The laws and courts of Texas apply exclusively, and the invalidity of some provisions of this Agreement will not affect the enforceability of the rest.
6. Estimates.
In creating estimates, Stellrr does our best to create an accurate scope of work and pricing. However, on occasion, the project information received proves to be inaccurate. Or the scope of the work changes because of unforeseen conditions on-site. This renders the project scope, price, and performance estimate incorrect, null, and void. The Stellrr team may perform a pre-project “walk-around” before work commences to ensure accuracy. The team verifies that the project dimensions and information match the scope of the Work Order. If the information matches, the team will start the work. If there are inaccuracies, the team will notify your Stellrr representative to create the actual scope of work and revised price quote. Your Stellrr representative will notify you of the Change Order for you to accept the actual scope of work and pricing. Should you decide not to proceed with the project, your deposit will not be refunded, and you may be assessed a trip charge of $3.95/mile.
6A. Porches & Garages. All estimates EXCLUDE porches and garages unless explicitly listed as a separate line item. When installing spray foam, if your attic connects to a porch or garage, a pony wall must be built and insulated to separate the semi-conditioned space from the outside space. This complies with building code IECC R402.4.1.1. We are happy to add separate pricing for porch or garage insulation.
6B. Roof Deck Scope Details. If using spray foam, roof deck spray foam quotes always exclude porches, balconies, and the garage. A pony wall must be built from the rafter to the attic floor joists. Stellrr will spray the pony wall to separate the inside (conditioned) space from the outside (unconditioned) space, as required by building codes. Attic walls will be sprayed at R-13 as that is the code for walls. Attic walls will not be sprayed at the R-value of the roof deck.
If you require an in-attic door to move between your conditioned attic and your unconditioned porch or garage and Stellrr must build the wall, Stellrr will build it out of a mesh and spray foam against it. Stellrr will also install a zip door if access is required to the attic.
6C. Unforeseen Work. Mainly applicable to new construction, not home retrofits: Our initial estimates include the cost for expected plastic protection, scaffolding building/rental, the job site fee, and other items. Suppose Stellrr is required to do unforeseen work or redo any of the following. In that case, an additional charge may be incurred for 1. scaffolding re-build/rental $75 per 6ft section, 2. re-install plastic to protect windows and doors $297 minimum, 3. Re-install plastic on walls or floors at a minimum of $297 (usually retrofit in finished buildings), 4. Cut into sheetrock/wood to install/remove insulation at a minimum of $297 5. extra job site trips $397, 6. shave foam from cathedral ceilings $297 safety hazard work fee.
6D. Job Site Fee. All trips to the job site are subject to the $397 per trip Job Site fee to cover our expenses. The project estimate includes the number of trips required to complete the project. If Stellrr is required to come back after significant completion, a Job Site fee applies for each trip.
If we come out to install, and the job site is not accessible or not properly prepared, a job site fee would apply. If more than 1-trip to the job site is requested before installation (usually project design related), then a Job Site fee applies to each trip (unless the Client is paying for Project Design Consulting).
6E. Project Design Consulting. Some Clients require 1-on-1 professional advice in deciding what to do on their project. Or they want to request multiple quotes, revisions, or play with multiple options. In this case, Stellrr charges a $250 minimum for design consulting. This can be a great option for ambitious Do-It-Yourselfers or people looking to retrofit soundproofing in existing structures.
6F. Site Cleanup & Trash. Please note that NO removal of old insulation or other materials is included with any installation quote UNLESS specified by a separate removal line item on your estimate.
- Home Retrofit: If your quote includes Insulation removal, then disposal is included in that price. It is a turnkey price.
- New Construction: Upon project completion, product waste will be bagged for disposal into the onsite dumpster by the Stellrr team. If a dumpster is not readily available onsite or is full, product waste will be bagged and left on-site where it will not blow away. If a client wants Stellrr to haul removed materials, the charges are: A. Truck bed disposal of insulation removed from the job site is $200 for each trip. B. Rental of dumpster for disposal of insulation removed from job site $500 each trip.
7. Preparation.
7A. Home Retrofit Prep: Any/All personal belongings must be removed from the space where Stellrr will be working. If working in a bedroom, all items should be removed from the room. If in an attic or crawlspace, all stored items must be removed. This allows for a safe work area for the crew and prevents any accidental damage to your belongings. We will do our best to protect anything in the space where we are working, but we are not liable for any damage.
7B. Access. Stellrr trucks and trailers require access to the install area (75ft or less). The drive path must be solid so the truck and trailer are not stuck. The access must allow for a 12ft tall, 9ft wide, 25ft long trailer to be maneuvered into place by a 22ft long truck.
7C. New Construction or Remodels (Not Applicable to Retrofits). The client is responsible for completely clearing the building of ALL valuables, equipment, materials, and debris and removing all other items from the work area. Any items left in the building may get insulation stuck on them permanently or temporarily.
Stellrr is not liable for any damage whatsoever. The client acknowledges that anything left in the building (including plumbing trenches and building materials) is a safety hazard for Stellrr’s workers. If items are left in the building that Stellrr must remove, the Client may pay $60 per man-hour for removal and reinstallation.
Plumbing, electrical, and mechanical work must be completed and pass inspection before insulation can begin. All utilities must be secured per the code to avoid any distortion or expulsion from the cavity as the insulation expands. All building enclosures and walls must be installed before Stellrr’s arrival. This includes the Client closing all openings greater than 1/2 inch where the foam would spray onto the outside of the building.
Garage Interior Walls and Interior Sound Attenuation Walls. Sheetrock must be installed for the garage interior walls shared with conditioned areas. If the garage is attached to the house, a pony wall must also be built and sheet rocked in the attic. The fire & building codes require that the garage attic be separated from the house attic. Also, walls used for Sound Deadening that will be insulated with foam must have sheet rock installed on only one side.
Nail Removal for Trimming. The client must remove all nails, screws, and staples from the wall studs or ceiling rafters before Stellrr undertakes work to allow for trimming of the insulation flush.
7D. Protection.
- Home Retrofit: Stellrr will protect our work areas to prevent any avoidable mess. We will clean up after we finish. However, we encourage the client to do a deep clean in the work area after Stellrr is done. Anytime construction happens, some dust will be unavoidable.
- New Construction/Remodel: Stellrr will mask all windows and doors when spraying foam to protect and reduce overspray. Stellrr will not mask the walls, floors, or ceiling with plastic. Stellrr will trim foam flush with wall studs (unless agreed otherwise).
8. R-values / Thickness.
Due to the nature of foam, cellulose, and other materials used, Stellrr cannot guarantee the exact output. Neither blown insulation nor spray foam can be installed to exact depths. This is neither a defect in materials or workmanship.
All R-Values/Thickness depths in quoted/contracted are Averages (nominal fill), not minimum. The nominal thickness is plus or minus 1 inch.
If 90% of the project meets the nominal thickness, it is considered within the approved specifications.
9. Scheduling Projects.
Start dates cannot be guaranteed by Stellrr as there are many variables in the construction process outside Stellrr’s control.
Examples include equipment issues, weather, material allocations and shortages, workforce assignments, work backlog, job-site delays, etc.
Stellrr will contact the Client to schedule a tentative start date AFTER the Client signs the Proposal and pays the Deposit Invoice.
- The client will have a 4-hour crew arrival window on the project start day. This window is usually 8:00 AM-12:00 PM or 12:00 PM-4:00 PM.
- The client will also receive an installation days timeframe. For example, if we believe it is a 1-day project, you will be told 1-2 days. If we think it is a 3-day project (if everything goes perfectly), you will be told it is a 3-6-day one. Our goal in this is to help you schedule other trades and deliveries. We don’t want you to feel pressure from overcommitting.
- We request that you do not schedule other trades until 48 hours after the last day of our project time range.
RESCHEDULING/CANCELLATIONS: Requests to delay/cancel work within 72 hours (3 business days) of the work scheduled date will be assessed a $397 fee. When a short rescheduling/cancel notice is given, the office is chaotic trying to find replacement work for the crew(s) scheduled to serve you. Often, work cannot be subbed in, and the client is responsible for crew wages scheduled for their project.
10. Health & Safety.
While Stellrr is on-site, some construction noise, dust, and odors will occur. We do our best to protect our work area from the rest of the building to avoid disturbing others.
We encourage clients not to be in the building while we are working so that we are not disruptive. But, we realize some people cannot leave their homes. Depending on the type of work we are doing, we may put the house under negative pressure to suck out any odors or vapors in the air.
Our eco-friendly products lead the industry with the timeframe in which you can re-enter the area where we work (i.e., the attic, crawlspace, or a specific room).
On the days and nights that high-pressure spray foam is installed, nobody is allowed in the house without OSHA-approved safety equipment, primarily a respirator rated for spray foam vapors.
During and up to 48 hours after high-pressure foam installation, the client agrees that nobody shall be in the building without OSHA-approved safety equipment.
You can review our Health and Safety Program here.
11. Spray Foam Considerations
Ignition Barrier & Thermal Barrier – Intumescent Coatings.
To comply with building code IBC 2603.4. Ignition & thermal barriers are often required by building codes on spray foam where the foam is NOT covered by a thermal barrier such as drywall. Insulation quotes do not include the cost of an intumescent coating unless explicitly stated in a separate line item. If Client does not approve Stellrr to install an ignition barrier or thermal barrier, Client waives Stellrr from liability, errors, and omissions. Seek advice from your local Code Compliance Official or Fire Marshall for their requirements.
Sealed & Vented Envelope Requirements.
To comply with building code IRC G2407 (304.5.3 & 304.6.1) as well as NFPA 8.2.2.2. Most homes in the Austin area have an air handler (and water heater) in the attic that is propane/gas-fired during the heating season. These utilities require make-up air for combustion, except when the unit is 95% efficient or greater or is all electric. The makeup air requirements must be addressed to convert the attic/crawlspace from a vented envelope to a sealed envelope. Otherwise, the building must be left vented. See ACCA Manual J & D requirements and ASHRAE standards for ventilation.
Humidity Management.
To comply with building code IECC R806.5.1.5. When homes are encapsulated with spray foam, the attic or crawlspace must be adjusted to manage excess humidity mechanically.
12. Client Suggested Alterations.
Stellrr will take under advisement the client’s suggested changes to our operating procedures. Stellrr may or may not adopt the suggestion. There are many factors to consider that the untrained person cannot foresee. Stellrr will perform them according to their professional opinion of industry best practices. Stellrr intends to keep projects on time and may modify our processes to accommodate internal and external demands at our discretion.
Client agrees and accepts that while Stellrr does our best to perform all work in-house with our team, we may use a trusted third-party sub-contractor to perform work. If Stellrr teams up with a sub, Stellrr still stands behind the work for proper installation and warrants the work as if the labor were performed in-house.
13. Disagreements & Disputes.
If the client has a dispute or disagreement with Stellrr regarding work proposed, work done, added work, or any invoice, the client must immediately pay the items and amounts NOT in dispute. The item(s) of disagreement can be worked out over time, but undisputed payment owed is due within 24 hours of Stellrr leaving the job site.
14. Defamation & Libel.
If a client or prospect is in disagreement or frustrated with Stellrr, the Client agrees to seek appropriate private resolution with Stellrr.
The client will not post negative comments or reviews about Stellrr or its representatives on social media, websites, or other public forums.
If the client breaks this covenant, the client agrees to pay for damages, starting at $700. Likewise, Stellrr agrees to professionally handle any frustrations with the client directly to their face and not harm their reputation carelessly.
15. Damage Waiver.
Client provides full release of liability resulting from damage, not limited to but including drywall, HVAC system, ductwork, electrical, framing, windows, doors, handles, and other items. Due to the nature of the work, especially in retrofit applications, the installers will be working in confined spaces with extremely limited access and ability to see or move.
For example, to crawl through the attic of a dry-walled home, the installer could crack the drywall because it is impossible to properly see, move, or feel the beams, lights, or other fixtures in the attic.
If Stellrr significantly damages anything while working on your project, we will attempt to repair it in-house within reason to the best of our ability.
If an outside company is hired to repair or replace an item, they must be chosen by and hired by Stellrr. Suppose a company is hired without Stellrr’s explicit written approval.
In that case, Stellrr will only contribute up to the dollar amount and for the scope of repairs approved by Stellrr’s chosen repair/replacement company.
16. Inspection & Callbacks.
Stellrr wants you to be very satisfied with our work. Stellrr requests that the Client be present for a Post-Install Inspection BEFORE Stellrr leaves the job site on the day(s) of installation. The purpose of the Post Install Inspection is for the Client to find areas that are not as they desire (within reason). Stellrr will address the items while still on the job site.
If the Client is not present to inspect the project while Stellrr is still installing, then the Client approves the project AS-IS and WAIVES their right to a callback. Regardless, in the rare case that Stellrr’s insulation installed does not pass a required municipal building code inspection, Stellrr will return and fix the issue to the inspector’s requirements. This obligation is contingent upon the reason for failing the inspection was due to an item included in the accepted Stellrr Install Estimate & Scope.
If a Client has an acceptable callback, the request must be made within 5 days of the final installation day. If the Client requests a callback unrelated to passing a code official’s inspection or after having okayed the crew’s work, then a Job Site Fee will be applied to each following trip made to the project. Any additional insulation will be charged by the gallon/bag installed and for the company’s time. Also, any fees for using and installing more protection materials will be applied.
17. Remedies.
You waive the right to a jury trial and agree to pay us all court costs, reasonable attorney fees, and all other expenses incurred to collect any sums due us or to protect our legal rights.
We are not liable for any consequential, incidental, indirect, punitive, treble, speculative, or special damages of any kind whatsoever, and you may not bring any action against us more than two (2) years after the Completion Date.
Under no circumstance may remedies exceed the final dollar figure the client paid to Stellrr.
18. Limited Warranty.
All Services will be performed with good or new materials in a good workmanship-like manner. All Products supplied will include any related manufacturer-issued warranties. We will not be responsible for any Product defects unless we provide an additional written promise.
All Services performed and materials supplied will be free from defects for two (2) years after installation. This warranty is effective upon payment of all sums due and is transferable to subsequent owners of the Premises if we are notified in writing within thirty (30) days after transfer.
Unless a separate written guarantee or warranty is specifically provided, this is the only warranty that applies and is made instead of all other representations, guarantees, and warranties, expressed or implied. In our sole discretion, we agree to repair or replace any defective Services or materials if we receive written notice of such defects by certified mail and verify that such defect exists.
We specifically disclaim all other warranties, express or implied, including, without limitation, the warranty of merchantability and fitness for a particular purpose.
Limited warranty does not cover damage from fire, water, storm, pests, acts of God, or other unforeseen causes or accidents. Damage from alterations, misuse, or abuse by any person; ordinary wear and tear; or problems caused by lack of maintenance. Damage resulting from your failure to observe any operation instructions. Any item furnished, installed, modified, altered, or repaired by you or anyone other than the Contractor.
19. Disclaimer
While all Work performed is known to reduce energy use, you understand that we have not promised any specific reduction or financial savings unless a separate written guarantee is provided and that all such reductions and savings will vary depending upon the conditions before or after the Work, occupant behavior, and energy prices. While believed to be accurate, all tax credits, rebates, and other governmental incentives listed on the Agreement are provided only for your convenience, and we do not represent or promise that they are available, that they apply to the Work provided under this Agreement, or that you will receive any specific amount. Other than any instant rebates that we deduct from the total amount due, you are responsible for applying for all such tax credits, rebates, and other governmental incentives, and we have no responsibility or liability for them in any regard.
20. Entire Agreement
This Agreement (and all attachments) contains the entire, final agreement between you and us and supersedes all prior written and oral agreements, proposals, and understandings. You (i) have had the opportunity to review it with an attorney of your choice, (ii) have read and understood each part, (iii) are satisfied with all of its provisions, and (iv) affirm that neither we nor any of our representatives have made, nor have you relied on any other representations or promises, oral or otherwise, that are outside this Agreement. All waivers must be in writing to be effective.