The following terms and conditions and any specifications,
drawings, and additional terms and conditions, which may be
incorporated by reference or appended hereto are part of this
purchase order. By accepting the order or any part thereof,
the Seller agrees to and accepts all terms and conditions.
- The cash discount period available to Buyer shall commence on
the date of the receipt of the merchandise or on the date of
receipt of the invoice, whichever may be the later.
- In the event of Seller’s failure to deliver as and when
specified, Buyer reserves the right to cancel this order or any
part thereof without prejudice to its’ other rights, and
Seller agrees that Buyer may return part or all of any shipment so
made and may charge Seller with any loss or expense sustained as a
result of such failure to deliver.
- In the event any article sold and delivered hereunder shall be
covered by any patent, copyright, or application therefore, Seller
will indemnify and save harmless Buyer from any and all loss, cost,
or expense on account of any and all claims, suits or judgments on
account of the use or sale of such article in violation of rights
under such patent, copyright, or application.
- Seller guarantees that the design and performance of all items
being purchased conform with the requirements of applicable
insurance and government health and safety regulations, including
regulations administered by OSHA and EPA.
- Seller agrees not to use the name of Buyer or to quote the
opinion of any of Buyer’s employees in any advertising
without obtaining the prior written consent of Buyer.
- Buyer may at any time insist upon strict compliance with these
terms and conditions notwithstanding any previous custom, practice,
or course of dealing to the contrary.
- Seller agrees to indemnify, defend, and hold harmless Buyer,
its’ trustees, officers, agents, and employees, of, from, and
against any and all claims and demands which may arise in any way
out of the furnishing of goods or services hereunder, including,
without limitation, claims and demands arising from injury to or
death of personnel of Buyer or for damage to the property of Buyer,
except those arising by reason of the negligent or willful act of
Buyer, its’ officers, agents, or employees.
- It is the policy of the Buyer to give favorable consideration
to those suppliers who do not discriminate against any employee or
applicant for employment because of race, creed, color, or national
- The contract established by this purchase order is governed by
Exhibit A, Standard Clauses for the State University of New York,
which is incorporated herein and made a part hereof, a copy of
which is available upon request or at Exhibit A. Vendor
signifies its acceptance of the terms and conditions of Exhibit A
by delivery of the goods or services and/or by the acceptance of