Texas Cultures Laboratories is a yeast propagation and Biotechnology company based in San Antonio, Texas. We currently serve the commercial craft brewery community, as well as academic and research-based relationships with local universities, environmental scientists, and park systems.

Texas Cultures Laboratories, and Texas Cultures Yeast Labs (DBA) 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 Texas Cultures 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 Agreement. If you are unable to comply with the guidelines noted in the Agreement, please contact us immediately to further review and/or discuss. 

Texas Cultures Laboratories LLC, Customer Agreement – Updated November 29th, 2018 

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

 PURCHASING

This section details the process by which you (“You” or the “Customer”) shall place an order with Texas Cultures to begin the purchase and delivery of the product.

  • Placement of an Order

Orders must be placed using the online order form or calling the company directly at (210)273-6940. The order page can be found at  https://www.texascultures.community/contact-us

If you are having issues using the website or order form, please email Mara@texascultures.community  or by calling (210)273-6940. An order will be considered finalized when you have received a confirmation email from the above address or a purchase invoice.

  • Include strain number eg. TCL21 (Ocotillo, Saison/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

  • Orders placed from businesses within Bexar County will be delivered by TCLLLC or shipped.

  • Lead Time

All the yeast produced by Texas Cultures is grown to order. We ask that clients allow two weeks or 14 days lead time in order to guarantee optimum cell count, viability, vitality, and negligible contamination.  For the majority of ales, a strain can be grown and packaged within 8 days of ordering, lagers within 10, 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 blend, seasonal, custom strain, or a proprietary strain banked in our lab, please allow for several additional days of lead time. You agree that Texas Cultures 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.

  • Rush Order

Orders placed with less than 7 days of time will be assessed a 30% rush fee.

Payment for an Order

All the yeast produced by Texas Cultures is grown to order. Yeast is considered purchased when the order is confirmed via email, or receipt of the purchase invoice. Once an order has been started it can no longer be canceled and the Customer will be responsible for payment of the invoiced amount.

  • Payment is due upon receipt of your invoice, unless otherwise explicitly instructed on the invoice.

  • 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.

SHIPPING– DELIVERY

Hours

Texas Cultures is open from 9am – 6pm Monday – Friday with some staffing during the weekend.

Delivery

Texas Cultures delivery is by scheduled appointment only. Please use the following contact information to schedule your delivery.

Phone: (210) 273-6940

Email:  Mara@texascultures.community 

Shipping

Texas Cultures is located in San Antonio, Texas.  We will ship all orders outside of the San Antonio Area, and/or Bexar County. The cost of shipment will be based on the best price for next day delivery if it is a Friday or Saturday, or 1-3 day shipping on any other business day, from USPS.  Shipping cost will be billed directly to the customer by invoice. 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 TCLLLC 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. 

QUALITY CONTROL 

Overview

Texas Cultures 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. TCL’s goal is to provide yeast that is >95% viable and free of bacterial contamination.  Texas Cultures tests all yeast starters for bacterial contamination.

Proper Cell Count

TCL 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

 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 TCL, TCL disclaims all warranties, express or implied, for its products.  You and TCL agree that all products are purchased as is, with all faults.  TCL 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 TCL is not responsible, and you hold TCL 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.

Indemnification

You agree to indemnify and hold harmless TCL, 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 TCL products, including but not limited to claims concerning your products or their manufacture.

 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.

Choice of Law and Dispute Resolution

This Agreement shall be construed in accordance with the laws of the state of Texas 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 Texas. 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.

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, the term of this Agreement shall be automatically extended by a period equal to the period of suspension.

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.

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.

CONTACT INFORMATION

The following is a list of the best ways to contact Texas Cultures Yeast Laboratories

Email

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

Phone

If a more immediate response is required we can be reached by phone at (210) 273-6940.