TERMS OF SERVICE AGREEMENT

Definitions.  This Terms of Service Agreement (the “Agreement”) is an agreement between you (the “Purchasing Party”) and The Yeast Bay, LLC ("The Yeast Bay, LLC", "we", or "us").  This agreement pertains to any and all items included in this purchase ("The Yeast Bay, LLC Product(s)", "Product(s)") and any and all goods produced/manufactured using any and all items included in this purchase ("Goods").

Agreeing to the Terms of Service.  THE PURCHASING PARTY AGREES TO THE TERMS OF SERVICE AT THE TIME OF ADDING ITEMS TO THE ORDER, AND SUBMISSION OF AN ORDER BY THE PURCHASING PARTY TO THE YEAST BAY, LLC  FOR PRODUCT(S) INDICATES ACCEPTANCE OF THE TERMS OF SERVICE AGREEMENT BY THE PURCHASING PARTY.  

Terms of Product Use.  By submitting an order, the Purchasing Party agrees to the following terms:

1) The Purchasing Party accepts all liability for The Yeast Bay, LLC Product(s) upon receipt including, but not limited to, liability associated with the storage, handling and/or use of the Product(s).

2) The Purchasing Party accepts all liability associated with any and all Goods produced/manufactured using The Yeast Bay, LLC Products including, but not limited to, liability associated with the storage, handling and/or use/consumption of Goods.

3) Specifically pertaining to the use/consumption of Goods, the Purchasing Party accepts all liability including, but not limited to, liability associated with bodily injury, sickness and/or death of individual(s) using/consuming Goods produced/manufactured with The Yeast Bay, LLC Product(s).

4) The Purchasing Party accepts all financial liability associated with any and all Goods produced/manufactured with The Yeast Bay, LLC Product(s) including, but not limited to, liability associated with the cost of the The Yeast Bay, LLC Product(s), the wholesale or retail cost of Goods and/or the wholesale or retail cost of any and all other ingredients that were used in the production/manufacture of Goods.

5) The Purchasing Party will not purchase The Yeast Bay, LLC Product(s) for the purpose, primary or otherwise, of resale of the Product(s) through a legal entity other than The Yeast Bay, LLC, unless The Yeast Bay, LLC provides consent for such resale.

6) The Purchasing Party will not purchase The Yeast Bay, LLC Product(s) for a third party whose purpose, primary or otherwise, is the resale of the Product(s) through a legal entity other than The Yeast Bay, LLC, unless The Yeast Bay, LLC provides consent for such resale.

Domestic Shipping Policy. Shipping of product(s) to non-commercial purchasing parties via Unites States Postal Service (USPS). Non-commercial orders will only ship out on Mondays and Wednesdays at 8 AM PST to prevent the product(s) from sitting in a warehouse over a weekend. All orders will ship out with ice packs in non-insulated containers unless shipping upgrade is paid for by purchasing party, and tracking information will be provided at the time the shipment is sent. Non-commercial orders for product(s) will ship to the United States only. All orders with an address outside of the US will be automatically canceled.

Shipping of product(s) to commercial domestic purchasing parties will be conducted via FedEx, UPS, USPS or DHL. Commercial brewery orders to the US will be delivered via next-day or 2-day shipping. Commercial vial orders to the US will be delivered via next-day or 2-day shipping. All orders will ship out with ice packs in insulated containers, and tracking information is available for commercial orders upon request.

International Shipping Policy. The following information must be included when ordering: billing and shipping address, primary contact email and phone, tax ID and broker contact information. 

Shipping of product(s) to commercial international purchasing parties will be conducted via FedEx, UPS or DHL. Shipments may take up to seven (7) business days to arrive with customs clearance. Customer is responsible for securing all import documents, taxes, duties, and customs clearance. The Yeast Bay, LLC is not responsible for shipment delays due to customs or tax issues.

The following standard shipping documents can be included upon request:

- NAFTA Certificate of Origin

- California Food Producer Certification

- FDA Export Certification

- Manufacturer Declaration

- Material Safety Data Sheet

- Shipment Specification Certificate of Origin – There is a $35 fee for this document which is to be paid by customer.

All other documents that may be required by specific countries must be requested in advance of the shipment being initiated. We cannot guarantee that we will be able to produce all required documentation for individual countries. Brewers yeast is not an agricultural product and we do not offer phyto-sanitary certificates.

General Shipping Policy. It is the responsibility of the Purchasing Party to understand and account for the environmental factors in the area of delivery. The Yeast Bay, LLC accepts no liability for product(s) that has been subjected to non-ideal environmental conditions at any point after the package was delivered by the courier. If your local temperature on the day of delivery is above 75 ºF or below 35 ºF, you are required to have your package held for pickup or personally take receipt of the package at the time of delivery if you wish to retain return privileges. Aside from a quality issue on our end, which we will always make right, a package that is delivered to a location and left outside when the local temperature is above 75 ºF or below 35 ºF on the day of delivery will result in total loss of return/refund/replacement privileges.

It is the responsibility of the Purchasing Party to ensure the package will be secured from theft upon delivery. The Yeast Bay, LLC accepts no liability for product(s) that have been subjected to vandalism or theft after the package was delivered by the courier. If no one will not be available to accept the product(s), it is the responsibility of the Purchasing Party to prevent potential theft or vandalism by using the tracking information provided to have the product(s)held for pickup or re-delivered on a day in which the Purchasing Party will be able to accept it. 

It is the responsibility of the Purchasing Party to provide the correct shipping information at the time it is requested. The Yeast Bay, LLC will not alter shipping information provided by the Purchasing Party in any way, and will ship to the address provided by the Purchasing Party during the order process. The Yeast Bay, LLC accepts no liability for lost, stolen or damaged packages sent to an incorrect address provided by the Purchasing Party.

If the product(s) were not delivered, the tracking information provided indicates the product(s) have not been delivered and you suspect it has been lost, the Purchasing Party agrees to contact The Yeast Bay, LLC immediately. The Yeast Bay, LLC will assist the purchasing party in interfacing with the courier to resolve the issue. 

IF COMMERCIAL OR NON-COMMERCIAL PRODUCT(S) ARE REROUTED OR FORWARDED AWAY FROM THE SHIPPING ADDRESS PROVIDED EITHER BEFORE OR AFTER DELIVERY (EXCLUDING REROUTING TO A LOCAL BRANCH OF THE SHIPPER FOR PICK UP), ALL WARRANTIES AND RETURN PRIVILEGES ARE VOID. IF AN ORDER IS REROUTED TO A LOCAL BRANCH, IT MUST BE PICKED UP WITHIN 1 BUSINESS DAY, OR ALL WARRANTIES AND RETURN PRIVILEGES ARE VOID.

Return Policy. The Yeast Bay, LLC guarantees all culture-based product(s) for 4 months from date of manufacture. Yeast and bacterial cultures are perishable products and all sale of yeast and bacterial cultures are final unless we determine the product to be defective. If the Purchasing Party suspects a problem with any Product(s)performance or shipping issues, it is responsibility of the Purchasing Party to contact The Yeast Bay, LLC within 48 hours to report the issue. Failure to notify The Yeast Bay, LLC of any issues within the 48 hour time frame will result in a loss of return and replacement privileges. 

Payment Terms.  All customers offered terms of payment (i.e. non-prepay) must issue payment by the date the invoice is due, which is determined by adding the length of the payment terms indicated on the invoice to the invoice date. All invoice will have a 3% finance charge applied at 30 days, 60 days and 90 days overdue. Any invoices that remain outstanding 90 days past the due date are subject to recovery by a collections agency of our choosing. Payment terms on a single order do not constitute a guarantee of payment terms being offered on future orders, and payment terms for future orders may be modified or revoked from any customer at any time without notice, solely at the discretion of The Yeast Bay, LLC.

Limitation of Liability.  The Yeast Bay, LLC's Liability for any and all claims arising out of or in connection with the Product(s) and the use thereof (including without limitation tort, negligence or breach of statutory duty, misrepresentation or otherwise) shall under no circumstances exceed the sum of Purchasing Party's payments for the quantity of the Product(s) that is the subject of the Purchasing Party's claim. 

The Yeast Bay, LLC shall under no circumstances be liable for any indirect, incidental or consequential loss or damage (including but not limited to economic loss of turnover or profits and damages for liability towards third parties) suffered or incurred by the Purchasing Party, its Affiliates or any of their respective directors, officers, employees or customers.

Severability.  If any provision of this Agreement is found unenforceable by a court of competent jurisdiction for any reason whatsoever, (i) the validity, legality and enforceability of the balance of the Agreement will remain in full force and effect and (ii) to the fullest extent possible, the unenforceable provision will be deemed modified and replaced by a provision that approximates the intent and economic effect of the unenforceable provision and the Agreement will be deemed amended accordingly.

Change of Terms. The Yeast Bay, LLC reserves the sole right at any time to change, modify or amend the Terms of Service Agreement under which the Purchasing Party is offered. The most current version of the Term of Service Agreement will supersede any previous version. The Purchasing Party is encouraged to periodically review the Terms of Service Agreement at https://www.theyeastbay.com/policies-and-product-information.

LEGAL NOTICE

The Yeast Bay, LLC owns all content linked to www.theyeastbay.com unless otherwise noted.

All names and descriptions are claimed as trademarks of The Yeast Bay, LLC as related to yeast and bacteria cultures for brewing and distilling, including but not limited to merchandise and biologically active material (microorganisms, fermentation-based products and fermentation-based byproducts) unless otherwise noted. The corresponding trademark names and descriptions include, but are not limited to:

COMPANY NAME AND PROGRAMS: The Yeast Bay ®, Yeast Bay ®, TYB BETA

TAGLINE: “Artisanal Yeast for the Innovative Brewer ®”, “Brewing great beer is hard, sourcing unique microbes should be easy”

PRODUCT NAMES: Wallonian Farmhouse, Wallonian Farmhouse II, Wallonian Farmhouse III, Flanders Specialty Ale, Dry Belgian Ale, Northeastern Abbey, Sigmund's Voss Kveik, Franconian Dark Lager, Hessian Pils, Amalgamation, Amalgamation II, Amalgamation V, Beersel Brettanomyces Blend,  Brussels Brettanomyces Blend, Lochristi Brettanomyces Blend, Brettanomyces bruxellensis - Strain TYB184, Brettanomyces bruxellensis - Strain TYB207, Brettanomyces bruxellensis - Strain TYB261, Brettanomyces bruxellensis - Strain TYB307, Brettanomyces bruxellensis - Strain TYB415, Funktown Pale Ale, Mélange, Farmhouse Sour Ale, Lactobacillus brevis - Strain TYB282, Dark Belgian Cask, Transatlantic Berliner Blend, TYB House Sour Blend, Hazy Daze ®, Hazy Daze ® II, Simonaitis Lithuanian Farmhouse, Kveik’n Hills, Lithuania’n Hills, Forager, Berkeley Hills Sour Yeast Blend, La Fleur

Product Numbers: TYB####

HOMEBREW VIAL PRODUCT INFORMATION

Cell Counts. Saccharomyces single strains and blends will contain ~80 billion cells per vial. Brettanomyces single strains and blends and Lactobacillus and Pediococcus single strains and blends will contain ~2 billion cells per vial.

Saccharomyces/Brettanomyces/Lactobacillus/Pediococcus blends will contain a variable number of cells depending on the blend, and the approximate cell count will be listed on the ordering page.

Starter Culture. Starter cultures are recommended for several reasons, the primary reason being the production of a healthy cell population of required cell density to ferment the wort that has been produced. We recommend using yeastcalculator.com when calculating the size of yeast starter required. The manufacture date of the yeast is 4 months before the "Best Before" date on the vial.

While we typically do not recommend starters for blends as there is a possibility that the proportions of organisms may change and produce a slightly different character than intended, we understand that it will at times be necessary. The risk of significantly changing the proportions of organisms is lower in blends that contain all the same type of organism (i.e. only Brettanomyces or Saccharomyces).

Due to significant variation in growth rates and conditions among Saccharomyces, Brettanomyces, Lactobacillus and Pediococcus, starter cultures for complex blends containing multiple types of organisms may alter the proportions. An important aspect of making a starter culture for these blends is to ensure the temperature is not too hot, which will greatly increase the metabolic activity of the lactic acid bacteria. If the pH drops significantly due to acid production, this may inhibit yeast growth and drastically change the balance of the culture. A semi-aerobic starter made at a temperature of ~66 -68 ºF for ~24-36 hours will be sufficient to bump up the cell count while keeping the lactic acid bacteria population under control.

Vial Use. Follow the instructions below for use of the homebrew vials:

1) Store the vial in the refrigerator until use, and remove 3-6 hours prior to use.

2) Sanitize the outside of the vial very well before opening by submerging in room temperature sanitizer. Ensure the contact time is the same as required by the manufacturer of the sanitizer.

3) Shake the vial well to resuspend, and open cap slowly and carefully. To prevent excess gas pushing yeast out of the top, you may need to vent the vial by slightly opening the cap, allowing a small amount of gas out and then closing. The venting may need to be repeated several times before the vial can be fully opened.

4) Add to starter or 5 gallon batch of wort at 70 °F. Hold this temperature until fermentation begins, and then drop to desired temperature. A starter is recommended if the vial is past the "best before" date of if the O.G. is over 1.070.