Inland Island Terms and Conditions

Inland Island Yeast Laboratories LLC (IIYL) Customer Agreement – Version 2.2

April 13, 2023

This Customer Agreement (the “Agreement”) supersedes all Customer Agreements and Instructions provided by IIYL prior to the Effective Date noted above. 

Section 1 – PURCHASING

Overview

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.

1.1 Placement of an Order

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 orders@inlandislandyeast.com or by calling (303) 484-8545. An order will be considered finalized when you have received a confirmation email from the above address.

• Include strain number eg. INIS-001 (Northern California Ale)
• Include desired amount in barrels eg. 7 BBL (cells for 7 barrels of beer)
• Include desired date of delivery, date will be confirmed when order is placed
• Include if delivery is needed or if someone will be picking up the yeast

1.2 Lead Time

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.

1.3 Rush Order

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.

• The most current prices for all strains can be found at inlandislandyeast.com
• Payment is due when the order has been confirmed
• The credit card on file will be billed before delivery
• Payments that are not made by time of delivery will be assessed a 5% late fee for every day the payment is past due

Section 2 – PICKUP – DELIVERY

Overview

Inland Island is conveniently located near I-25 and 58^th Avenue. We encourage customers to come and pick up yeast in order to save the expense of delivery.

2.1 Location

Inland Island Yeast Laboratories is located at 1761 East 58^th Avenue, Unit B, Denver, CO 80216. We are in the back of the City View Industrial Complex next to ASAP roofing.

2.2 Hours

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

Email:  orders@inlandislandyeast.com

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.

• Customers located within 5 miles will be charged $20
• Customers located within 10 miles will be charged $25
• Customers located within 15 miles will be charged $30
• Customers located within 20 miles will be charged $35
• Customers located within 30 miles will be charged $40
• Customers over 30 miles will have yeast shipped. 

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

Overview

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.

3.1 Proper Cell Count

IIYL follows the industry standard of 750,000 cells / mL of beer / degree plato.

• All pitchable quantities are based off of a 15 plato beer
• All yeast pitches are delivered at > 95% viability
• All yeast strains grow slightly different, we work very hard to ensure that all yeast pitches are delivered at the proper pitch rate, the above cell count is not guaranteed 

3.2 Purity

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.

3.3 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

4.1 Indemnification

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 Majeure

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

Overview

The following is a list of the best ways to contact Inland Island Yeast Laboratories

5.1 Address

Mail and other correspondence can be sent to 1761 East 58^th Avenue, Unit B, Denver, CO, 80216

5.2 Email

Electronic mail is our preferred method of correspondence; we work hard to respond quickly to any requests or orders placed via email.

• Orders MUST be placed using the online order form at www.inlandislandyeast.com/orders/order-professional-brewers/
• General email can be sent to info@inlandislandyeast.com

5.3 Phone

If a more immediate response is required we can be reached by phone at (303) 484-8545

Section 6 – YEAST BANKING POLICY

Inland Island Yeast Lab hereinafter referred to as “Inland Island” will maintain the confidentiality of yeast strains submitted by the customer and/or company, hereinafter referred to as “Customer”. Inland Island will not release this information to any outside party without the express written consent of the Customer. The Customer can terminate this agreement at any time. If the customer decides to terminate the agreement they will be responsible for the cost of unusable consumables that Inland Island will be disposing; this cost will be given to the Customer before finalizing the termination. Inland Island has the right to terminate this agreement if the Customer does not make an order for their proprietary yeast strain for a period of more than 12 months. The Customer will have the opportunity to revise their agreement if they wish to have Inland Island continue to store their yeast strain.