AC 130													February 23, 2010

NOTICE TO VENDORS
	All purchase orders from New York State agencies are exempt from certain Federal taxes, and New York State local taxes pursuant to Article 28 
and 29 of the New York State Tax Law.

	All such purchase orders must be accepted in lieu of tax exemption certificates, the vendor retaining a copy to prove that the sale was exempt.  Do not 
include taxes from which the State is exempt when submitting invoices.

	All invoices or New York standard vouchers submitted for payment must include a Payee Identification Number.  That number is defined as either 
a Federal Employer Identification Number or Social Security Number.  Failure to include this number may delay your payment.

	The Contractor shall provide complete and accurate billing invoices to the University in order to receive payment for its services.   Billing invoices 
submitted to the University must contain all information and supporting documentation required by the University and the Office of the State 
Comptroller (OSC).  Payment for invoices submitted by the Contractor shall only be rendered electronically unless payment by paper check is 
expressly authorized by the Vice President for Administration or designee, in her/his sole discretion, due to extenuating circumstances.  Such electronic 
payment shall be made in accordance with ordinary New York State procedures and practices.  The Contractor shall comply with the OSC procedures 
to authorize electronic payments.  Authorization forms are available at the OSC website at www.osc.state.ny.us/epay/index.htm, by email at 
epunit@osc.state.ny.us or by telephone at 518-474-4032.  The Contractor acknowledges that it will not receive payment on any invoices submitted 
under this contract if it does not comply with the OSC�s electronic payment procedures, except where the Vice President or designee has expressly 
authorized payment by paper check as set forth above.

	SUMMARY OF PROMPT PAYMENT PROVISIONS:  Section 179 of the State Finance Law requires New York State to pay vendors in a manner 
consistent with accepted business practices.  Specifically, the law requires that when vendors are not paid within 30 calendar days (excluding legal 
holidays) after delivering goods/services and a proper invoice, interest will begin to accrue.  Interest will be calculated using the �overpayment rate� set 
by the Commissioner of Taxation and Finance.  Interest will only be paid when it exceeds $10 per invoice and when payment is made directly by the 
State rather than through an intermediary organization such as the Trustee for Certificates of Participation, issued pursuant to Article 5-A of the State 
Finance Law.

	PRIVACY NOTIFICATION:  The authority to request personal information from you, including identifying numbers such as Federal social security 
and Federal employer identifying numbers, and the authority to maintain such information, is found in Section 5 of the Tax Law.  Disclosure of this 
information by you is mandatory.  The principal purpose for collecting the information is to enable the Department of Taxation and Finance to identify 
individuals, businesses and other entities affected by the taxes administered by the Commissioner of Taxation and Finance.  The information will be 
used for tax administration purposes and for any other purpose authorized by the Tax Law.

	The personal information is requested by the Purchasing Unit of the agency issuing the purchase order.  The information is maintained in New 
York State�s Accounting System by the Director of State Accounts, Office of the State Comptroller, AESOB, Albany, New York 12236.

	New York State is an Equal Employment Opportunity/Affirmative Action Employer.

	SHIPPING INSTRUCTIONS:
1.	Delivered goods must be identical to samples furnished with proposals.
2.	Duplicate invoices with shipping receipts attached must be sent to the �Bill To� address shown on the Purchase Order.
3.	New York State is not liable for overshipments, which will be returned at vendor�s expense.

TERMS AND CONDITIONS

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.

	1.	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.

2.	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.

3.	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.

4.	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.

5.	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.

6.	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.

7.	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.

8.	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 origin.

9.	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 payment.

Terms and Conditions and other procurement related information is available at http://www.suny.edu/businessPartnersPortal/index.cfm