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Technology Contracts | IT Services Contracts | Telecom Contracts

Product Ordering

Note: Any additional or extraneous terms placed on the order shall be subject to the restrictions set forth in Appendix B, Clause 40, which states:

"40. MODIFICATION OF CONTRACT TERMS The terms and conditions set forth in the Contract shall govern all transactions by Authorized User(s) under this Contract. The Contract may only be modified or amended upon mutual written agreement of the Commissioner and Contractor.

The Contractor may, however, offer Authorized User(s) more advantageous pricing, payment, or other terms and conditions than those set forth in the Contract. In such event, a copy of such terms shall be furnished to the Authorized User(s) and Commissioner by the Contractor.

Other than where such terms are more advantageous for the Authorized User(s) than those set forth in the Contract, no alteration or modification of the terms of the Contract, including substitution of Product, shall be valid or binding against Authorized User(s) unless authorized by the Commissioner or specified in the Contract Award Notification. No such alteration or modification shall be made by unilaterally affixing such terms to Product upon delivery (including, but not limited to, attachment or inclusion of standard pre-printed order forms, product literature, "shrink wrap" terms accompanying software upon delivery, or other documents) or by incorporating such terms onto order forms, purchase orders or other documents forwarded by the Contractor for payment, notwithstanding Authorized User's subsequent acceptance of Product, or that Authorized User has subsequently processed such document for approval or payment."

With the exception of the PBX Installations and IT Services contracts, which require a formal mini-bid process and funds are encumbered using an AC340, Orders shall be placed in accordance with Appendix B, Section 44. Orders, which reference the New York State Contract number, shall be deemed to be placed under and to incorporate the terms and conditions of the Contract by reference. There is usually no standard pre-approved Order Form. However, some of the software contracts do have a special Order Form to be used and they are contained in the Contract Award Notification.

Written or electronic orders shall separately itemize requests for hardware, software, documentation, and services. Products ordered shall be deemed to reference Contractor's most recently released Product at time of delivery, unless an earlier version is specifically requested in writing by Authorized User and Contractor is willing to provide such Product. The Purchase Order shall indicate the person authorized to take delivery of the product. Authorized Users shall confirm pricing, supported product hardware and software platforms and model availability with Contractor prior to placement of orders. All pricing calculations shall be made in accordance with, or better than, the terms of the Contract.