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.
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