Class 3(d) Application Form

Class 3(d) for Mozzarella Cheese Used in Pizza Prepared and Cooked on Site (hereinafter referred to as Class 3(d))

PART I APPLICANT DETAILS

* Registered Business Name:
Franchise Registration Number (if applicable):
* Name and position title of the restaurant’s representative authorized to duly execute the application form and the resulting agreement:
* Name of Restaurant:
* Canada Revenue Agency GST/HST Number: (First 9 digits of the GST/HST number)
* Business Number (BN):
* Restaurant’s Address:
* City:
* Province:
* Postal Code:
* Contact Person’s Name:
* Phone Number:
Fax Number:
* Email Address:
* Confirm Email Address:
* Preferred Language:

* Total estimated or projected use of mozzarella cheese in a 12-month period (in kg.): kg
 
* Amount of mozzarella cheese used on fresh pizza versus the total quantity of mozzarella used by the restaurant (in %): %
 
Do you purchase mozzarella cheese in block form?:

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Maximum File Size: 50MB

PART II DECLARATION OF THE APPLICANT

The applicant has read and understood the objectives and criteria outlined in the Class 3(d) Information Guide (the Guide) and accepts that the Guide, including any defined terms, form part of this application form and of the resulting Agreement. The applicant understands and accepts that the Canadian Dairy Commission (CDC) will assess this application to determine Class 3(d) eligibility. The applicant further accepts that in addition to the applicant details provided in Part I, which will be assessed for Class 3(d) eligibility, the following conditions must be met for Class 3(d) eligibility.

1. The applicant represents and agrees that it is a restaurant establishment primarily engaged in preparing meals, snacks, and beverages to customer order and which sells pizza prepared and cooked on site and is not a cafeteria, institutional food service or catering operation.
2. The applicant agrees that this application form creates no obligation on the part of the CDC to accept or approve the application and no obligation on the part of the CDC to accept the applicant in Class 3(d).
3. The applicant agrees that the information provided on this application form is being collected for the purposes of assessing and reviewing the applicant's eligibility for Class 3(d) and that such information will be disclosed only to the extent necessary for application assessment and review purposes.
4. The applicant agrees that any information provided shall be subject to the Access to Information Act and the Privacy Act and that any personal, financial, commercial, scientific or technical information provided in this application form will be treated in accordance with the Access to Information Act and the Privacy Act.
5. The applicant agrees that its restaurant establishment has a food menu which includes pizza and the applicant agrees to supply the CDC with a copy of the full menu upon request from the CDC.

Restaurant's obligations under Class 3(d) subject to CDC acceptance of applicant's application

The Restaurant agrees that the letter of acceptance from the CDC supplying a Class 3(d) registration number, the Guide, including defined terms, and this application form, including Part I and Part II, shall altogether form the complete Class 3(d) for Mozzarella Cheese used in Pizza Agreement between the CDC and Restaurant (the Agreement).

The Agreement shall take effect upon receipt by the applicant of a letter indicating acceptance in Class 3(d) by the CDC. An applicant admitted in the Class 3(d) shall hereafter be referred to as "Restaurant".

In consideration of acceptance of this Agreement by the CDC and issuance of a Class 3(d) registration number by the CDC, the Restaurant agrees to the following terms and conditions forming part of the Agreement:
6. The Restaurant agrees to use the Class 3(d) registration number supplied by the CDC solely to purchase from a Dairy Processor or Distributor, Class 3(d) Mozzarella Cheese in packages of not less than 2 kg on a net weight basis and which is clearly marked: "Not for retail sale. For use only on pizza prepared and cooked on site." or "Not for retail sale. Only for pizza cooked on site."
7. The Restaurant agrees to use Class 3d Mozzarella Cheese solely on pizza prepared and cooked on site.
8. For greater clarity, the Restaurant agrees that sections 1 to 7 also form part of the Restaurant's obligations.
9. The Restaurant agrees that during its participation in Class 3(d), it will continue to be a Restaurant establishment that is primarily engaged in preparing meals, snacks, and beverages to customer order and which sell pizzas prepared and cooked on site and agrees that this excludes cafeterias, institutional food services or catering operations.
10. The Restaurant agrees that during its participation in Class 3(d), the Restaurant's food menu will include pizza and the Restaurant agrees to supply the CDC with a copy of the full menu at any time upon request from the CDC.
11. Compliance Audit
  11.1. The Restaurant agrees that the CDC may conduct an audit in respect of the Restaurant's compliance with the terms and conditions of this Agreement and that the CDC may direct that an audit be carried out by an independent auditor or other representatives of the CDC.
  11.2. The Restaurant agrees to cooperate with the CDC relative to any such audit and shall grant them access to the Restaurant's documents, accounts, records, and premises as required by the CDC for the purposes of any such audit.
  11.3. The Restaurant agrees that the CDC may use independent sources of information to validate the Restaurant's compliance with the terms and conditions under Class 3(d).
12. Records Management
  12.1. The Restaurant agrees to maintain good record-keeping practices and agrees to keep all records, information, and all other documentation relating to the purchase and use of any Class 3(d) Mozzarella Cheese purchased under the Restaurant's Class 3(d) registration number. These shall include, but are not limited to, purchasing orders, sales reports, cash receipts, usage and inventory documents, related to any Class 3(d) Mozzarella Cheese purchased under the Restaurant's Class 3(d) registration number.
13. Periodic Review
  13.1. The Restaurant agrees that the CDC has the right to conduct periodic reviews of the procedures and/or requirements established for Class 3(d) and that the CDC will advise the Restaurant in writing of any modifications or changes made thereto and may unilaterally amend the terms of this Agreement to incorporate such changes. The Restaurant may upon receipt of said written amendments, choose to no longer participate in this Agreement and shall if so, provide written notice of termination to the CDC, at which time the Class 3(d) registration number shall be cancelled.
14. Default and Remedies
  14.1. The Restaurant agrees that failing to perform or comply with any term or condition of this Agreement, for which it has responsibility, will constitute a default of this Agreement. In the event of default, the CDC reserves the right, in addition to any other rights provided in this Agreement or at law, to temporarily suspend or immediately terminate this Agreement and to take any lawful remedy that it deems appropriate, including requiring the Restaurant to pay to the CDC all or part of any rebate provided relative to the improper purchase of any Mozzarella Cheese under Class 3(d) and/or the improper use of such cheese, with interest thereon calculated in accordance with the Interest and Administration Charges Regulation from the date of demand for payment. No action shall lie against the CDC with respect to such termination or suspension, and the Restaurant agrees to waive and release the CDC from any claims arising out of such termination or suspension.
  14.2. The Restaurant agrees that submitting false or misleading information to the CDC or making misleading representation in respect of any matter related to this Agreement, other than in good faith (which good faith must be demonstrated by the Restaurant to the CDC's satisfaction) may constitute a default.
  14.3. The Restaurant agrees that the CDC may declare a default in the event that any audit, evaluation, or report discloses discrepancies that the CDC judges to be material, or if the Restaurant fails to take corrective action.
  14.4. The Restaurant agrees that the CDC may declare a default in the event that transfer of direct or indirect control of the Restaurant occurs, or the Restaurant sells its assets and transfers or ceases its operation, or the Restaurant purports to assign this Agreement and the CDC has not consented to the assignment.
  14.5. The Restaurant agrees that the CDC may declare a default should the Restaurant become bankrupt, have a receiving order made against it, make an assignment for the benefit of creditors, take the benefit of a statute relating to bankrupt or insolvent debtors, or cease to actively carry on business.
  14.6. The Restaurant agrees that the CDC may declare a default should the restaurant submit false or misleading information to the CDC or make a false or misleading representation in respect of any matter related to this Agreement.
15. Liability and Indemnification
  15.1. The Restaurant agrees and accepts that the CDC is administering the milk Class 3(d) on behalf of and as agent of the Canadian Milk Supply Management Committee (CMSMC) and its voting members who have established the milk Class 3(d) under the Harmonized Milk Classification System and the Restaurant further agrees and accepts that the CDC is not responsible for providing any rebate, special price, or reduced price for Class 3(d) Mozzarella Cheese to the Restaurant.
  15.2. The Restaurant agrees and accepts that the CDC's obligations shall be limited to application assessment and, subject to Class 3(d) admittance, and the issuance of a Class 3(d) registration number.
  15.3. The Restaurant agrees and accepts to indemnify and hold harmless the CDC, the CMSMC and the CMSMC voting members, and their successors and assigns, agents, officers, employees and servants from and against all claims and demands, losses, damages, costs, expenses, actions, and other proceedings by whomever made, sustained, brought, prosecuted, threatened to be brought or prosecuted in any manner, based upon, occasioned by, attributable to, or arising directly or indirectly from the actions of the Restaurant, its successors and assigns, its directors, officers, employees, agents, and any third party contractors of the Restaurant
  15.4. In addition to the limitations of liability and obligations of indemnification set out above, the Restaurant further agrees and accepts that Class 3(d) has been established at the discretion of the CMSMC and that the CDC or CMSMC may end or modify Class 3(d) or its parameters at any time. The Restaurant agrees and accepts that no cause of action or recourse for anything arising from this Agreement or Class 3(d) shall exist against the CDC, the CMSMC, or any voting member of the CMSMC for any action taken or not taken, or any decision or delay, related to the administration, modification or termination of this Agreement or Class 3(d).

The Restaurant agrees to release the CDC, the CMSMC, or any of its voting members against any and all rights, claims, demands, or causes of action that may otherwise be available or exist at law or in equity, or be granted under legislation, stemming from any person's implementation or failure to implement or respect the terms of the Program, or the modification or termination of the Class 3(d).
16. Access to Information
  16.1. The content of this Agreement and information related to it are subject to the Access to Information Act and to the Privacy Act.
17. Duration
  17.1. The Agreement shall take effect on the date the Restaurant receives a letter of acceptance from the CDC supplying a Class 3(d) registration number to be used for the purposes of the Class 3(d) and shall remain in effect until the CMSMC discontinues Milk Class 3(d) unless terminated before that date.
18. Applicable Law
  18.1. This Agreement shall be governed by and interpreted in accordance with the laws in effect in the province of Ontario.
19. Termination
  19.1. Subject to section 14, the CDC may terminate this Agreement at any time by providing 30 days written notice to the Restaurant.
20. Survival
  20.1. Sections 11, 14, 15,16, 18 and 21 and this section shall survive termination or expiration of the agreement as the case may be.
21. Severability
  21.1. The Restaurant agrees that if any provision of this Agreement is held illegal or unenforceable in a judicial proceeding, such provision shall be severed and shall be inoperative, and the remainder of this Agreement shall remain operative and binding.


In submitting this on-line application, the applicant/Restaurant agrees to the requirements of the application process and declares and warrants that the information given in this application is complete, true and correct.

* I represent and warrant, that I am a representative of the applicant and that I am duly authorized to complete and execute this on-line application form and to enter into and execute the resulting Agreement on their behalf.


In submitting this on-line application the applicant /Restaurant agrees to be bound by the terms and conditions of this On Line Application Form, including Part I and II, and the resulting Agreement between the Restaurant and the CDC.