1. No variation in any terms, conditions, deliveries, prices, quality, quantity or specifications of this order will be accepted without NFTA/Metro’s consent.
  2. The acceptance of the goods described in this agreement is not a waiver of any right of action that the NFTA/Metro may have for breach of warranty or any other cause.
  3. This Purchase Order shall be interpreted or construed under the laws of the State of New York.
  4. Title to items listed on this order shall pass to the NFTA/Metro at the F.O.B. point shown on the face hereof, unless otherwise provided herein. Passage of title under this provision shall not limit the NFTA/Metro’s full right of inspection or constitute acceptance.
  5. Items received which do not meet the terms and conditions of this order may, at the NFTA/Metro’s option, be returned to seller at the seller’s expense.
  6. The supplier must notify NFTA/Metro of any situation that may delay the scheduled shipment of the order. If a shipment is late, all or any portion of the order may, at NFTA/Metro’s discretion be cancelled without liability to the NFTA/Metro. The supplier must have NFTA/Metro’s authorization before shipping a past due order.
  7. The supplier warrants that the goods covered by this order will conform to the specifications, drawings, samples or other description furnished or specified by the NFTA/Metro and will be fit for use, sufficient for the purpose intended, and free from defects.
  8. In accordance with section 220 of the Labor Law, no laborer, workman, or mechanic in the employ of the Supplier, and subcontractors or other persons doing or contracting to do the whole of or a part of the work contemplated by this Agreement shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week except in cases of extraordinary emergency including fire, flood or danger to life or property. Each laborer, workman or mechanic, employed by the Supplier, subcontractor or other person about or upon this project, shall be paid the wages and provided the supplements required by the Labor Law.
  9. The supplier, upon acceptance of this purchase order, certifies that they are not an employee of New York State.
  10. The seller warrants that the sale of any item hereunder does not infringe any patent, copyright or trademark. The seller agrees to indemnify and save the NFTA harmless from any loss, damage or expense which may result from patent, copyright or trademark infringement through the aforesaid sale or use.
  11. The seller shall recognize mandatory standards and policies relating to energy efficiency that are contained in the New York State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act. Energy using products must comply with New York State Executive Order 111. A copy of the order may be obtained from the New York State Energy Research and Development Authority toll free at 1-866-NYSERDA or on the web at www.nyserda.org
  12. Iranian Energy Sector Divestment: by providing goods and services in compliance with this Purchase Order, each person and each person signing on behalf of any other party certifies, and in the case of a joint bid or partnership each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief that each person is not on the list created pursuant to paragraph (b) of subdivision 3 of section 165-a of the State Finance Law.