The university will not be responsible for goods, wares, merchandise or services supplied without an official written purchase order.
The university is exempt from the excise taxes imposed by chapters 31 and 32 and sub-chapter B of chapter 33 of the Internal Revenue Code, and is also exempt from New York State and local sales and use taxes (certificate number EX11430). Do not include taxes when submitting invoices.
If no price is stipulated herein, the goods shall be charged at prices not exceeding last previously quoted or charged us. Seller warrants that where goods and/or services are sold to the university on a cost basis, such cost shall be in accord with sound accounting methods. These methods shall be subject to the examination of our representative.
Subject to conditions beyond the control of the seller, delivery must actually be effected within the time stated on the quotation/purchase order, failing which, we reserve the right to purchase elsewhere and charge seller for any loss incurred as a result thereof, or, at our own option to cancel the order.
Any material shipped in excess of the quantity specified in the order will, at our option, is returned at seller’s expense.
Except with respect to materials furnished by the university, the seller also specifically warrants all goods, wares, and merchandise furnished in this order against defects in material and workmanship for one year.
All transportation, carriage and freight charges, import duties, insurance crafting and/or packing charges are to appear on seller’s invoice as separate items, unless goods, wares, or merchandise are sold F.O.B. destination or those charges are included in seller’s quoted price or included in seller’s regular price for like quantities sold under similar circumstances, C.O.D. shipments will not be accepted.
In the event that this order is terminated in whole or in part for the convenience of the government, neither the university nor the government shall be obligated to pay any amount to the vendor or subcontractor for anticipatory profits as a result of such termination.
Seller guarantees and agrees that the goods, wares, and merchandise to be furnished hereunder, will not infringe any patents or trademarks, and that seller will, at seller’s own expense, defend any and all actions or suits alleging such infringements and will save us, our associates and affiliates, and those for whom we may act as agents in the purchase of said goods, wares, and merchandise harmless in cases of such infringements.
This purchase order is not assignable and shall not be assigned by the vendor without prior written consent of the university.
The laws of the State of New York will be authoritative in all disputes.
If fabrications, installation, or other work is specified to be done on the university’s premises, the contractor must prior to commencement of work furnish the university with certificates of insurance for Comprehensive General Liability Insurance providing bodily injury liability, Property Damage Liability, Workmen’s Compensation Insurance and Employer’s Liability.
The seller must warrant that in the performance of this order he has complied with or will comply with all applicable Federal, State, and Local Laws and ordinances and all lawful orders, rules and regulations thereunder including but not by way of limitation the applicable provisions of the Fair Labor Standards Act of 1938 as amended (29 U.S.C. Sec. 201–219), the Walsh-Healey Public Contract Act as amended and all lawful rules and regulations thereunder. Seller agrees that this warranty may be considered as the written assurance contemplated by the FAIR Labor Standards Act of 1938 as amended that all items delivered hereunder were produced in compliance with said act. With specific reference to wage, rent and price controls, vendors must comply with the current executive order and all amendments and official interpretations that apply.
The seller must comply with the equal Employment Opportunity Law as stated under title VII of the Civil Rights Act of 1964, Executive Order 11246 as amended and title IX, since it is the policy of Manhattan University to promote the full realization of equal employment opportunity through an affirmative action program.
The seller, by acceptance of this order, will be deemed to have complied with, or will comply, with all applicable federal, state, and local laws and ordinances and lawful order, rules and regulations therein.
