Procurement & Payment Services
Terms & Conditions
Notice to Vendors
All purchase orders from New York State agencies are exempt from certain
Federal taxes, and New York State local sales 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
All invoice 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.
Return to top
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 acceptable 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.
Return to top
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 principle 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 Central 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
Return to top
- Delivered goods must be identical to samples furnished with proposals.
- Duplicate invoices with shipping receipts attached must be sent
to the "Bill To" address shown on the front of the Purchase Order.
- New York State is not liable for over shipments, which will be returned
at vendor's expense.
Return to top
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
- The cash discount period available to Buyer shall commence on the
date of the receipt of acceptable 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
- 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 no 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
- 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.
- New York State Exhibit A (Standard Contract Clauses) and Exhibit
A-1 (Affirmative Action Clauses) are hereinafter considered part of
this purchase order, as it fully incorporated herein. A copy of Exhibit
A and Exhibit A-1 may be obtained from Buyer.
Return to top