November 1st, 2017
Inland Island Yeast Laboratories is a Denver based yeast propagation company serving the craft brewing community. We have learned a lot over the past several years and are striving to improve our product and customer service to better serve our customers. In order to do so we are seeking to streamline our ordering and delivery process to better ensure that we are meeting the desires of our customers.
Inland Island has developed the following Customer Agreement, which details guidelines, instructions, and associated non-compliance reimbursements / charge back fees. We anticipate that compliance with this agreement will ensure that you as the customer receive the highest quality product with accurate purchase and delivery. It is our belief that both Inland Island and you as our Customer will enjoy a mutually-beneficial and successful relationship through strict adherence to the stipulations contained in this Agreement.
We suggest you take the time to fully read and understand all aspects of the attached Agreement. If you are unable to comply with the guidelines noted in the Agreement, please contact us immediately to further review and/or discussion.
Inland Island Yeast Laboratories LLC
Inland Island Yeast Laboratories LLC (IIYL) Customer Agreement – Version 2.1
November 1st, 2017
This Customer Agreement (the “Agreement”) supersedes all Customer Agreements and Instructions provided by IIYL prior to the Effective Date noted above.
Section 1 – PURCHASING
This section details the process by which you (“You” or the “Customer”) shall place an order with IIYL to begin the purchase and delivery of the product.
Orders must be placed using the online order page. This page can be found at www.inlandislandyeast.com/order/order-professional-brewers/
If you are having issues using the page please email firstname.lastname@example.org or by calling (303) 484-8545. An order will be considered finalized when you have received a confirmation email from the above address.
All the yeast produced by IIYL is grown to order. For the majority of ales, a strain can be grown and packaged within 5 days of ordering, lagers within 6, and two additional days will be added for Quality Control before orders are released to our customers. If you are requesting an unusual strain, a wild yeast, or Brettanomyces please allow for several additional days of lead time. You agree that IIYL is not responsible for harm resulting from any delays, including, but not limited to, direct damages or consequential damages for loss or product and ingredients or delays in production.
Orders placed with less than 7 days of time will be assessed a 20% rush fee.
1.4 Payment for an Order
All the yeast produced by IIYL is grown to order. Yeast is considered purchased when the order is confirmed via email. Once an order has been started it can no longer be canceled and the Customer will be responsible for payment of the invoiced amount.
Section 2 – PICKUP – DELIVERY
Inland Island is conveniently located near I-25 and 58th Avenue. We encourage customers to come and pick up yeast in order to save the expense of delivery.
Inland Island Yeast Laboratories is located at 1761 East 58th Avenue, Unit B, Denver, CO 80216. We are in the back of the City View Industrial Complex next to ASAP roofing.
Inland Island is open from 8am – 5pm Monday – Friday with some staffing during the weekend. Pickup is by scheduled appointment only. Please use the following contact information to schedule a pickup.
Phone: (303) 484-8545
2.3 Delivery – Denver Metro
Inland Island offers courier delivery in the Denver Metro area. Delivery price will be based on the cost of the courier. Below is an estimated courier cost based on distance.
2.4 Delivery – Shipping
Inland Island is based in Denver but our yeast gets around. We are more than happy to ship yeast out of state. The cost of shipment will be based on the best price for next day delivery from UPS. Shipping cost will be billed directly to the customer. If you have a preferred shipping company please let us know. We ensure that the yeast makes it to the shipping company in the best shape possible but we are not responsible for what happens to the yeast in someone else’s hands. Please let us know if you would like to purchase insurance on the shipment. You agree that IIYL is not responsible for harm resulting from any delays in shipping, including, but not limited to, direct damages or consequential damages for loss or product and ingredients or delays in production. The best practice is to check the tracking info to confirm that your yeast is out for delivery before you mash in.
2.5 Delayed Delivery
If for some reason delivery or pickup needs to be delayed by the Customer, IIYL will hold onto the yeast for 1 week. After 1 week IIYL will feed the yeast every week to ensure that it stays in the best possible shape. A holding charge will be assessed for each week after the first week. This holding charge will start at $10 and increase by $10 for each additional week the yeast is held by IILY.
Ex. Week 1 Invoice for Original Amount
Week 2 Original Amount + $10
Week 3 Original Amount + $20
Week 4 Original Amount + $30
Section 3 – QUALITY CONTROL
Inland Island takes a great deal of pride in the products that we deliver. We test our yeast to ensure that it is at the proper cell count, is viable, vital, and free of contaminants. IIYL’s goal is to provide s yeast that is >95% viable and free of bacterial contamination.
4.1 Proper Cell Count
IIYL follows the industry standard of 750,000 cells / mL of beer / degree plato.
Inland Island tests all yeast starters for bacterial contamination and wild yeast contamination. However, due to the short turnaround time, orders that are placed for delivery within 5 days are simply unable to be tested after propagation has occurred.
4.3 Warranty Disclaimer
All yeast products are tested at the beginning of propagation and are subjected to abbreviated testing at the end of the propagation process. However, given the numerous opportunities for contamination or damage to the yeast product after the yeast leaves the possession of IIYL, IIYL disclaims all warranties, express or implied, for its products. You and IIYL agree that all products are purchased as is, with all faults. IIYL Disclaims, and you expressly waive, all implied and express warranties of merchantability and/or for the particular purpose of use in the beverage fermentation process. You agree that IIYL is not responsible, and you hold IIYL harmless, for any damages (including, but not limited to, the wholesale or retail cost of beer and/or any other costs of ingredients, services, labor expenses, etc.) resulting from any contamination or low cell count of the yeast products.
Section 4 – miscellaneous
You agree to indemnify and hold harmless IIYL, its directors, officers, members, managers, and employees for any claims resulting from the negligence or intentional acts of You, your employees, representatives with regard to the use of any IIYL products, including but not limited to claims concerning your products or their manufacture.
4.2 Attorneys’ Fees
In the event that any action, suit, or other legal or administrative proceeding is instituted or commenced by either party hereto against the other party arising out of or related to this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs from the non-prevailing party.
4.3 Choice of Law and Dispute Resolution
This Agreement shall be construed in accordance with the laws of the state of Colorado without regard to conflicts-of-law principles. Any action or proceeding by either party to enforce this Agreement may only be brought in the state or federal courts located in Colorado. The parties hereby irrevocably: (a) submit to the exclusive jurisdiction of such courts; and (b) waive any defense or challenge to venue, or with regard to inconvenient forum, in any such proceeding brought in those courts.
4.4 Force Majeur
No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the affected party’s reasonable control, including, without limitation:
(a) acts of God;
(b) flood, fire or explosion;
(c) war, invasion, riot or other civil unrest;
(d) actions, embargoes or blockades in effect on or after the date of this Agreement;
(e) national or regional emergency;
(f) strikes, labor stoppages or slowdowns or other industrial disturbances;
(g) compliance with any law or governmental order, rule, regulation or direction, or any action taken by a governmental or public authority, including but not limited to imposing an embargo, export or import restriction, quota or other restriction or prohibition, or failing to grant a necessary license or consent;
(h) shortage of adequate power or telecommunications or transportation facilities; or
(i) any other event which is beyond the reasonable control of such party (each of the foregoing, a “Force Majeure Event”). A party whose performance is affected by a Force Majeure Event shall give notice to the other party, stating the period of time the occurrence is expected to continue and shall use diligent efforts to end the failure or delay and minimize the effects of such Force Majeure Event.
During the Force Majeure Event, the non-affected party may similarly suspend its performance obligations until such time as the affected party resumes performance.
The non-affected party may terminate this Agreement if such failure or delay continues for a period of thirty (30) days or more. Unless this Agreement is terminated in accordance with this Section 15, the term of this Agreement shall be automatically extended by a period equal to the period of suspension.
4.5 Amendment of Agreement
This Agreement may only be amended, modified or supplemented by an agreement in writing signed by both parties hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
4.6 Entire Agreement
This Agreement, and any other documents incorporated herein by reference, constitutes the sole and entire agreement of the parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings and agreements, both written and oral, with respect thereto.
Section 5 – CONTACT INFORMATION
The following is a list of the best ways to contact Inland Island Yeast Laboratories
Mail and other correspondence can be sent to 1761 East 58th Avenue, Unit B, Denver, CO, 80216
Electronic mail is our preferred method of correspondence; we work hard to respond quickly to any requests or orders placed via email.
If a more immediate response is required we can be reached by phone at (303) 484-8545