Terms & Conditions
Conditions of Use
Customary Trade Terms
1. TERMS. This Omega Yeast Labs, LLC Customary Trade Terms along with your order (“Order”)is the exclusive agreement between You as the “Buyer” and Us (“We” or “Our”) as the Seller, of a sale(s) to You of our liquid yeast products (“Products”). There are no other terms, understandings, agreements, other than those stated herein. Our shipment of the Product, or performance of all or a portion of the Product subject to such an Order, whichever occurs first, shall constitute your acceptance of the Order and these Terms without any additional or different items. These Terms may not be altered, amended, or waived except in writing signed by our representatives expressly rejecting any or all of the Terms. Acceptance of an Order for Product by Us is subject to your acceptance of the express Terms contained herein. If any provisions of an Order, whether Yours or Ours, or other writings, past, present or future, are different from or are otherwise in conflict with these Terms, these Terms shall govern, and the terms contained in said orders or other writings are expressly rejected by Us.
2. DELAYED OR FAILED DELIVERY. We shall not be in default because of Our delay or failure to deliver or perform under these Terms resulting, in whole or in part, from: (i) any foreign or domestic embargoes, seizures, acts of God, insurrections, war, or the adoption or enactment of any law, ordinance, regulation, ruling or order; (ii) shortages of raw materials or labor; or (iii) the lack of usual means of transportation, fires, floods, explosions, strikes or other work actions, or any other accidents, contingencies, or events, at our plant or elsewhere (whether or not beyond our control), which directly or indirectly interfere with, or render more burdensome, our production, delivery, or performance. If one of or more deliveries hereunder is delayed by reason of any one or more of such occurrences for a period of 30 days, We may, at our option, terminate the Order as to the undelivered Product, without liability, but these Terms shall otherwise remain unaffected.
3. PAYMENT. We reserve the right, among the other remedies, either to terminate an Order or to suspend further deliveries under it in the event You fail to pay any one delivery when same becomes due.
4. SHIPMENTS. The Product will be available within a reasonable time after the order date. We shall not be liable for any delays, loss or damages in transit. We shall deliver the Product to the delivery location specified by you using our standard method of packaging and shipping of Product. If for any reason You fail to accept delivery of any of the Product or if We are unable to deliver the Product at the delivery location because you have not provided appropriate instructions, risk of loss shall pass to You and the goods shall be deemed to have been delivered.
5. GOOD STEWARDSHIP. You agree that the Product will be used, handled, stored, transported and disposed in such a manner as is necessary for the safety and protection of persons and property and in accordance with Our recommendations and applicable laws and regulations. You agree to instruct your employees with respect to, and to make certain that they know and understand the procedures necessary to enable them to comply with the requirements set forth herein and make certain that they are adequately trained in the use, handling, storage, transportation and disposition of the Product. You shall only sell to those who can handle, use, store, transport and dispose of Product safely.
6. TITLE AND RISK OF LOSS. Title and risk of loss passes to You upon delivery of the Product to you at the location specified by you.
7. LIMITED WARRANTY. Subject to Section 8 and unless otherwise expressly provided herein, We warrant title and that the Product shall conform to our standard specifications at the time of delivery. Subject to the preceding sentence and except as otherwise expressly provided herein. WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR ANY OTHER MATTER WITH RESPECT TO THE PRODUCT, whether used alone or in combination with any other substance.
8. LIMITATIONS OF LIABILITY.
a) Within thirty (30) days after receipt of each shipment of the Product, You shall examine the Product for any damage, defect, shortage or non-conformance (“Non-Confirming Goods”). All claims for any cause whatsoever (whether such cause be based on contract, negligence, strict liability, other tort or otherwise) for Non-Conforming Goods shall be deemed waived unless made in writing with written evidence or other documentation supporting such claim attached and received by Us within sixty (60) days after Your receipt of the Product, in respect to which such claim is made, or, if such claim is for non-delivery of such Product, within sixty (60) days after the date upon which such Product(s) were to be delivered, provided that as to any such cause not reasonably discoverable within such sixty (60) day period (including the discoverable only in processing, further manufacture, other use or resale) any claim shall be made in writing and received by Us with one hundred eighty (180) days after Your receipt of Product, in respect to which such claim is made, or within thirty (30) days after You learn of the facts giving rise to such claim, whichever shall first occur. Failure of Us to receive written notice of any such claim within the applicable time shall be deemed an absolute and unconditional waiver by You of such claim irrespective of whether the facts giving rise to such claim shall have then been discovered or of whether processing, further manufacture, other use or resale of the Product shall have then taken place.
b) YOUR EXCLUSIVE REMEDY SHALL BE FOR DAMAGES, AND OUR TOTAL LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING OUT OF ANY CAUSE WHATSOEVER (WHETHER SUCH CAUSE BE BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, OTHER TORT OR OTHERWISE) SHALL IN NO EVENT EXCEED THE PURCHASE PRICE OF THE PRODUCT IN RESPECT TO WHICH SUCH CAUSE ARISES OR, THE REPLACEMENT OF SUCH PRODUCT, AND IN NO EVENT SHALL WE BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM ANY SUCH CAUSE. We shall not be liable for, and You assume liability for, all personal injury and property damage connected with the handling, transportation, possession, processing, further manufacture, other use or resale of the Product, whether the Product is used alone or in combination with any other substance. Transportation charges for the return of the Product shall not be paid unless authorized in advance by Us.
c) If We furnish technical or other advice to You, whether at Your request, with respect to processing, further manufacture, other use or resale of the Product. We shall not be liable for, and You assume all risk of, such advice and the results thereof.
9. ASSIGNMENT. You shall not (by operation of law or otherwise) assign your rights or delegate your performance hereunder without the prior written consent of Us and any attempted assignment or delegation without such consent shall be void.
10. MISCELLANEOUS. THE VALIDITY, INTERPRETATION AND PERFORMANCE OF THESE TERMS AND ANY DISPUTE CONNECTED HEREWITH SHALL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF MISSOURI. These Terms constitute the full understanding of the parties, a complete allocation of risks between them and a complete and exclusive statement of the terms and condition of their agreement. No conditions, usage of trade, course of dealing or performance, understanding or agreement purporting to modify, vary, explain or supplement the terms or conditions of this contract shall be binding unless hereafter made in writing and signed by the party to be bound. No waiver by either Us or You with respect to any breach or default or of any right or remedy and no course of dealing, shall be deemed to constitute a continuing waiver of any other breach or default or of any other right or remedy, unless such waiver be expressed in writing signed by the party to be bound.
11. MEDIATION/ARBITRATION. If a controversy or claim arises out of or relates to these Terms or the breach thereof (“Dispute”), and if the Dispute cannot be settled through negotiations, the parties agree first to try in good faith to settle the Dispute by mediation administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Provided, however, the arbitrator(s) shall not render a punitive damage award, and hearings related to mediation and arbitration shall be held in St. Louis, Missouri.
THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.
Omega Yeast and other marks indicated on our site are trademarks owned exclusively by Omega Yeast Labs, LLC. The use of these trademarks and trade dress is prohibited if used in connection with the sale of any product that is not Omega Yeast’s, in any manner that seeks to disparages or discredit Omega Yeast or in any manner that may cause confusion among our customers.
All content on this website is the exclusive property of Omega Yeast Labs, LLC. Said content includes text, graphics, logos, icons, images, audio and video clips, digital downloads, and software. Our content is protected by United States and international copyright laws and we reserve all rights contained therein. In case of dispute or infringement, we will rigorously defend our rights to this material.
Protecting Your Account
Some portions of this website permit username and passwords to be used. You are responsible for protecting your unique username and password and you agree to be responsible for all activities performed under your user account.
License and Site Access
Omega Yeast Labs, LLC grants you (the user) a limited license to access and make personal use of this website. This license does not include the right to download any material (other than routine page caching), modify any material, or any portion thereof, without the express written consent of Omega Yeast Labs, LLC .This license excludes the download or collection of logos, product descriptions, pricing, text, graphics, audio and video clips, and/or copying account information. This website or any portion of this website may not be reproduced, duplicated, copied, sold, visited, or otherwise exploited for any commercial purpose without express written permission of Omega Yeast Labs, LLC You are prohibited from using meta tags or any other hidden text utilizing Omega Yeast’s name or trademarks without the express written consent of Omega Yeast Labs, LLC. Any unauthorized use of this websites voids the limited license granted by Omega Yeast Labs, LLC.
Content Submitted by Site Users
If you do post content to this site or otherwise submit material (including, but not limited to, photographs and testimonials), you grant Omega Yeast Labs, LLC and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. By your submission you represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Omega Yeast Labs, LLC or its affiliates for all claims resulting from content you supply. Omega Yeast Labs, LLC reserves the right to remove any content at our sole discretion.
Limitation of Liability
This site is provided by Omega Yeast Labs, LLC on an “as is” and “as available” basis. Omega Yeast Labs, LLC makes no warranties, either expressed or implied, as to the operation of the site or the content contained therein. You expressly agree that your use of www.omegayeast.com is at your own risk.
Omega Yeast Labs, LLC cannot warrant that this site, our servers, or email communications affiliated with the use of this website, are free from viruses. Omega Yeast Labs, LLC will not be responsible for any damages of any kind resulting from use of this website, including but not limited to direct, indirect, incidental, punitive, and consequential damages.
Redemption of Free Product and Coupon Offers
From time to time, Omega Yeast offers its clients special offers and discount codes to be used in conjunction with this website. These offers are frequently disseminated via this website and through email to those who have registered for our email database. They are sometimes posted on our home page (www.omegayeast.com) or announced via other means of communication in conjunction with the promotion of the Omega Yeast product collection, including radio and TV broadcasts, internet forums and various online websites.
We encourage our clients to redeem these special offers, but we respectfully ask that you not exploit them. Omega Yeast Labs, LLC, at our sole discretion, will determine if all purchasing criteria has been met to qualify for stated discount or free product. If you successfully circumvent the software safeguards of this website in order to receive several free products with your order, then we will (at our sole discretion) remove any extraneous free product from your order or cancel the order in its entirety. You will be informed of any order changes via the phone number or email address listed with your order. Please, play fair…
By visiting www.OmegaYeast.com, you agree that the laws of the state of Illinois without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Omega Yeast Labs, LLC.
Changes in Policy
Omega Yeast Labs, LLC reserves the right to modify, alter, delete and update these policies at any time we see fit. Such alterations do not nullify our rights if infringements or breaches occurred under a pervious version of these conditions.