NATURAL GAS-Agency Appointment and Program Application
THE UNDERSIGNED END USER HEREBY APPOINTS ECNG ENERGY L.P. (“ECNG”) as agent in respect of all matters relating to the End User’s supply of
natural gas and further confirms and accepts ECNG as agent of the End User for the purpose of managing its gas supply in accordance with an agency retainer
agreement (the “Agency Retainer Agreement”) between ECNG and Excellence in Manufacturing Consortium Canada (“EMC”).
THE END USER ACKNOWLEDGES AND AGREES:
That EMC is authorized to approve one or more purchasing strategies for natural gas as developed by ECNG (“Purchasing Strategies”) and that ECNG is authorized to
negotiate, execute and manage one or more gas supply contracts, collection service agreements (i.e. Agent Billing and Collections services offered by the Local
Distribution Company) and other delivery agreements with suppliers, in accordance with approved Purchasing Strategies (the “Services”). End User acknowledges that
ECNG is acting as Agent for other members of EMC (“EMC Members”) and that End User will be included in one or more supply contracts together with other EMC
Members and that the obligations of End User and EMC Members relating to the Services will be Joint and Several with other ECNG clients. Further, the End User
warrants that it is a member of EMC in good standing and that if at anytime during the term of this agreement the End User’s membership with EMC is in default,
ECNG may terminate this agreement and/or any Supply Agreement.
IN NO EVENT shall the End User, EMC Members, ECNG or EMC be liable to each other or third parties for consequential, incidental, punitive, exemplary or indirect
damages, lost profits or other business interruption damages, by statute, in tort (including negligence) or contract, under any indemnity provisions or otherwise.
Furthermore, in no event shall the aggregate liability of ECNG to the End User, EMC and EMC Members exceed the total amount of the fee received by ECNG for its
services in the twelve (12) month period immediately preceding the event(s) giving rise to the damages.
This process only applies if the End User is estimated to consume less than 50,000 m3 of natural gas per year. ECNG may renew this Agreement for a period of one
year from the end of your Term by giving the End User a Notice of Renewal ("Notice") in writing no earlier than 120 days and no later than 60 days before the end of
the End User’s current Term. Upon receipt of the Notice, the End User may:
(a) Sign a new Agreement, or;
(b) Notify ECNG in writing, in the manner and within the timeframe specified in the Notice in accordance with applicable regulation, that the End User does not wish to
enter into a new Agreement.
If the End User fails to notify ECNG of their intention, the End User understands that they will be automatically renewed for a period of one (1) year from the end date
of this Agreement at the rate indicated on the Notice.
Termination of Agreement by ECNG
ECNG may terminate this Agreement on written notice if ECNG is unable or is prevented from complying with any of the obligations it owes to the Utility or if the
Utility is unable or is prevented from complying with any of the obligations it owes to ECNG. The End User further accepts that ECNG is not bound by the terms of
this agreement if; a) the End User has a gas supply agreement in place with another supplier or, b) the advertised program reaches the maximum allowable volume
(Advertised programs are managed on a “first come first served” format).
Termination of Agreement by End User
The End User may terminate the appointment of ECNG as its agent by providing ECNG and EMC with written notice not later than one hundred and twenty (120) days
prior to the latest expiry date of any Gas Agreements to which the End User has been bound by ECNG.
That notwithstanding any termination of ECNG’s appointment as agent, the End User shall remain liable for performance of all its obligations under the Agency
Retainer Agreement and all executed Gas Agreements for the duration of their respective terms.
The End User will Re-affirm In accordance with Section 88.9 of the Ontario Energy Board Act, 1998, The End User understands that they are not required to re-affirm
this Agreement if it results from: (a) The End User’s decision to contact ECNG in response to an advertisement that they have heard or seen, or; (b) The End User
responds to a direct mail solicitation from ECNG or EMC, or; (c) An internet agreement with ECNG or EMC within the meaning of the C onsumer Protection Act
Legal Name of End User:
Phone and Fax: _______________________________________________ Email: ______________________________________
EMC Member Number:
I have authority to bind the End User.
Please Print Name: Title:
Agent: ECNG ENERGY L.P. Excellence in Manufacturing Consortium Canada
400 – 5575 North Services Road 625 – 2nd Avenue East POB 396
Burlington, Ontario L7L 6M1 Owen Sound, Ontario N4K 5P7
Tel: 905.635. 3264 Fax: 905.635. 3298 Tel: Toll Free: 866.323.4362 Fax: Toll Free 866.298. 5732
Toll Free: 888.989.1501
Please attach a copy of a utility bill for all accounts that you wish to include in the Natural Gas Program. If your account is being supplied by another supplier
other than your utility attach a copy of a release letter from that supplier. This is an application for a gas supply program not a price guarantee. To qualify
for this program the End User must be a member of EMC in good standing.
Ontario Energy Board Customer Service Centre, P.O. Box 2319, Toronto, Ontario, M4P 1E4,
Phone: 416-481-1967, Toll Free: 1-888-632-6273, Fax:416-440-7656