Safari Club International Utah Chapter
 

Terms and Conditions



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Utah SCI Terms and Conditions

  Safari Club International Utah Chapter – Auction Program Rules and Regulations Safari Club International Utah Chapter is a Section 501(c)(4), non-profit membership organization. Our members are conservationists who hunt. Our mission is conservation of wildlife, education of the public, and advocacy for hunting and hunter’s rights. Safari Club International Utah Chapter appreciates the support of its donors and members in helping to further its programs and goals. Auction revenue funds a great portion of Safari Club International Utah Chapter operating budget. The majority of the dollars raised goes to support Safari Club International Utah Chapter conservation and education programs and for protection of the hunter. The term “auction” refers to silent auction, live auction and raffle. A person registered and bidding through the official Safari Club International Utah Chapter online auction will be considered to be registered and present for the auction. Items donated to Safari Club International Utah Chapter and amounts paid to Safari Club International Utah Chapter as part of the auction do not qualify as charitable deductions. Safari Club International Utah Chapter is not a qualified charitable organization. No portion of any Safari Club International Utah Chapter auction purchase is eligible for a tax deduction unless it is an auction item (not a raffle item) sold for the benefit of SCI Foundation, which is a qualified charitable organization. If an auction item (not a raffle item) is sold for the benefit of the SCI Foundation, the purchaser may be eligible for a charitable deduction for only that portion of the payment that is over the item’s fair market (or retail) value (except for raffle ticket purchase, which are not eligible for a charitable deduction in all cases). All auction items are donated to Safari Club International Utah Chapter (not SCI Foundation) by Safari Club International Utah Chapter exhibitors unless otherwise noted. If an auction item is dedicated to benefit SCI Foundation, it will be noted in the description. Charitable deductions should be referred to in IRS Publication 1391, Deductibility of Payments Made to Charities Conducting Fund Raising Events and consult your tax advisor. These Auction Program and Online Bidding Rules and Regulations apply to auctions and raffles conducted for the benefit of Safari Club International Utah Chapter and SCI Foundation and the term “Safari Club International Utah Chapter” shall include “SCI Foundation” in all instances where the auction or raffle is conducted for the benefit of SCI Foundation. Any exceptions to these Auction Program and Online Bidding Rules & Regulations must be reviewed and accepted by Show Management and, if necessary, the SCI Executive Committee. Safari Club International Utah Chapter will restrict or refuse access to corporations, companies, members or individuals, to Safari Club International Utah Chapter banquet goods or services (i.e. booth space(s) at future banquets, banquet registration(s), access to auction purchases, etc.), if those corporations, companies, members or individuals have an outstanding balance due or past due to Safari Club International Utah Chapter, SCI or SCIF for any reason. For the purposes of this policy, balances due would include, but are not limited to, balances due from advertising agreements, prior exhibit agreements (booth rentals), and all prior auction purchases and commitments to the foundation. Other reasons for restricted access may apply, at Safari Club International Utah Chapter sole discretion. AUCTION BIDDING PROCEDURES AND CONDITIONS OF SALE 1. You or your representative (designated individual must have written, notarized authorization by you stating maximum bidding price for each of the items of interest) must be registered and present (either in person or through designated online procedures) during the auction to be eligible to bid. A person who bids on behalf of another person or group will be ultimately held responsible for payment in its entirety. Safari Club International Utah Chapter shall have the right to prohibit individuals who have an outstanding balance due or past due to Safari Club International Utah Chapter, SCI, or SCIF for any reason from participation in auctions. 2. All items auctioned are sold “as is.” Safari Club International Utah Chapter assumes no responsibility for the validity of the descriptions, authenticity, or condition of any item donated for auction. Safari Club International Utah Chapter makes no warranty or guarantee, express or implied regarding anything sold at auction including, but not limited to, any warranty of fitness for a particular purpose or merchantability. Values listed are as stated by donors and are not warranted by Safari Club International Utah Chapter for tax or any other purpose. 3. All auction items have been acquired or obtained by Safari Club International Utah Chapter from third parties. The purchaser acknowledges that the items have not been inspected by Safari Club International Utah Chapter and that the purchaser is advised, in the case of firearms, knives, bows, bullets or other hunting equipment, to secure a competent inspection and test of the goods before use. No services auctioned are to or will be performed by Safari Club International Utah Chapter. 4. After bidding for an item concludes and the auctioneer designates a winning bidder, the designated winner (buyer) must immediately agree to a Buyer’s Agreement. For buyers at the auction location, the buyer must sign the Buyer’s Agreement and one copy will be given to the buyer. For online buyers, when the buyer clicks “I accept” after reading the Buyer’s Agreement or makes payment, the buyer is deemed to agree to the Buyer’s Agreement. For silent auctions, the Silent Auction Bid Sheet is considered the Buyer’s Agreement to purchase the indicated item. All signatures on Buyer’s Agreements, Silent Auction Bid Sheets and Silent Auction Sealed Bid Forms, and “I accept” or payment for online purchases, are legal and binding. SCI/SCIF will not recognize changes, additions or deletions to any auction description agreed to by the buyer and donor unless such changes are noted on the Buyer’s Agreement and signed by the buyer and an authorized representative of the donor, or in the case of online buyers, noted in an electronic writing exchanged between the buyer and an authorized representative of the donor. 5. By making a purchase, the purchaser waives any claim for liability against Safari Club International Utah Chapter or the donor of any property or service, and neither Safari Club International Utah Chapter nor the donor is responsible for any personal injuries or damages to property that may result from the utilization of any property or services sold. If any action or claim is made against the Safari Club International Utah Chapter by an individual, entity, or state, local, federal, foreign or political body for any matter whatsoever arising from the use of the auctioned items, or any actions or parties conducting business with respect to the auctioned items, the donor and/or purchaser will pay Safari Club International Utah Chapter attorneys’ fees and costs and will hold SCI harmless from any judgment thereon. 6. By making a purchase, the purchaser agrees that: a. The auction and purchases made at the auction shall be governed in all respects, whether as to validity, construction, capacity, performance, or otherwise, by the laws of the State of Utah, except as preempted by federal law and that venue for any and all actions, including litigation, mediation and/or arbitration, shall be in Salt Lake County, Utah. b. Any dispute or action arising out of or relating to the Auction and purchases made at the Auction shall first be submitted to mediation before a mediator mutually agreed to by the Parties, with said mediation to be held in Salt Lake County, Utah. If mediation is unsuccessful, then such dispute or claim shall be submitted to final and binding arbitration in accordance with the rules of the American Arbitration Association or other appropriate standard relating to disputes arising out of contract, before one arbitrator, with said arbitration to be held in Salt Lake County, Utah. 7. If during a live auction, a final bid for an item is erroneously taken from two bidders, the bidding is closed to everyone else except those two bidders. The high bidder acknowledged by the auctioneer shall be the purchaser; the auctioneer shall have the sole and final discretion to determine the successful bidder in any auction. At each live auction, there will be pre-designated bid spotters in the audience, and it is the responsibility of the bidder to direct bids to the nearest spotter. The auctioneers and spotters will make every attempt to acknowledge all desired bids, but Safari Club International Utah Chapter is not responsible for any missed bids or bids that fail to be executed or missed online as well as in the live auction facility. 8. Successful bidders may, during or immediately following the auction, present their copy of the Buyer’s Agreement to the Auction Payment Counter, where they may pay by cash, check or credit card using Pay Pal. Checks should be made to Safari Club International Utah Chapter and must be drawn on a U.S. bank and in U.S. dollars. Any credit card Pay-Pal accepts or On Site Card Readers can read will be accepted. Items purchased through the online auction will be shipped by an online shipping representative and fees are the responsibility of the purchaser. 9. All auction items purchased must be paid for in full before 11 PM MST. Saturday, the day of the Banquet and Closing of the Online Auction. Auction items purchased at the Saturday Night Auction must be paid for before the official close of the Saturday Night Live/Online Auction. Arrangements for the removal of all items must be made before the close of the Saturday Night Auction. Any auction items that have not been paid for by the close of the Saturday Night Auction may be subject to a 10% surcharge, which will be added to the winning bid and this total will then become the purchase price. Any items not removed by the close of the convention will be deposited with a third party shipper. Shipping arrangements and costs will be the responsibility of the buyer in every case. Any bidder/purchaser who leaves his/her purchases at the Banquet Hall does so at his/her own risk. Safari Club International Utah Chapter is not responsible for any item not removed from the Banquet Hall by the winning bidder/purchaser. 10. If you are unable to attend the live or online auction in person and wish to place bids for live auction items, you may submit a bid online by establishing an account and providing payment information through our third party online auction representative. One of our representatives will then try to purchase your items of choice at the lowest price but never for more than the top amount you indicate. To place an absentee bid online, you will need to provide in advance a pre-approved credit card or other method of payment, bank reference, item to bid on and maximum bidding price that is acceptable to Safari Club International Utah Chapter.  An absentee online bidder must be in good standing and able to pay for the item bid on. Bids submitted online, prior to a live auction, are absentee bids that must be executed on the bidders’ behalf by Safari Club International Utah Chapter representative, and recognized and accepted by an auctioneer during the live auction. Neither Safari Club International Utah Chapter nor its employees, board members or agents will be held responsible for bids that fail to be executed or accepted. When registered as an online bidder, you agree to the terms and conditions of these Auction Program and Online Bidding Rules & Regulations. Successful online bidders will be charged at the time of sale to the pre-approved credit card or other method of payment provided at registration. In the event payment is declined, payment will be due immediately and items will not be released for use until successful payment is made. All tangible items purchased online will be shipped with a carrier chosen by Safari Club International Utah Chapter. All firearms will be shipped to the Federal Firearms License Holder chosen by the successful bidder. The successful bidder must contact shipping carrier to arrange shipment. The successful bidder is solely responsible for costs of shipping, handling and insuring the item. 11. Silent auction items will be showcased at the silent auction location for open bidding to all Safari Club International Utah Chapter members in attendance. Silent auction items will not be available for online bidding.  All open bidding, legibly written (including name, bidder number and bid) will be accepted on bid boards until 30 minutes before the close of each silent auction (closing times will be posted at the silent auction location). Open bid boards will be closed 30 minutes prior to the close of the silent auction. The highest bid from the bid boards will be highlighted. The final 30 minutes of bidding in the silent auction is submitted on a sealed bid form and dropped into a drop box located in the silent auction area. Sealed bid times will be posted and announced during the auction. The winning bid will be determined at the end of the 30-minute sealed-bid period. The highest bid is determined from a combination of open written bids and sealed bids for each item. If a sealed bid is higher than the last open bid, that becomes the winning bid. If two sealed bids are for the same amount, the winning bid is determined by time of bid. All sealed bids are available for review in the Auction Distribution Room after final winning bids have been posted. Sealed bid instructions are posted on the bid boards and on signs in the silent auction location. Winning bids and all final payments must be made prior to the close of the Banquet program. 12. ALL SALES ARE FINAL. ALL TANGIBLE GOODS PURCHASED AT THE Safari Club International Utah Chapter AUCTIONS ARE SUBJECT TO THE CURRENT STATE AND LOCAL SALES TAX RATES. THERE WILL BE NO EXCHANGES OR REFUNDS on items or services. Unless otherwise indicated, all auction items, services and hunts must be used within one year of the date of the purchase at auction. Dates and times for applicable items are to be arranged at the mutual convenience of the donor and winning bidder/purchaser. In reference to hunts, it is the purchaser’s responsibility to contact the hunt donor immediately and make all necessary arrangements for hunt dates and the application for any necessary paperwork for licenses and /or permits. Any disputes relating to the items or hunts shall be resolved solely between the donor and the purchaser. 13. IT IS THE PURCHASER’S RESPONSIBILITY TO CONTACT THE DONOR REGARDING PURCHASED ITEMS, SERVICES OR HUNTS and to make all arrangements for hunt dates and the application of necessary of paperwork for licenses and permits. Safari Club International Utah Chapter is not, and will not act as, a conduit or go-between between the purchaser and donor. After the hunt has been completed, the purchaser must complete a hunt report form and submit it to the Banquet Department, Auction Program or Board of Directors. 14. Items may be removed from the Auction Distribution Room only by presenting a claim check, which is issued to the purchaser at the time of payment. Auction items may be picked up in the Auction Distribution Room following the auction. On-site shipping will be available through a representative. Fees will be quoted and will be the responsibility of the purchaser. 15. Safari Club International Utah Chapter does not guarantee the satisfaction of the donor or the purchaser in any case. Safari Club International Utah Chapter does not make implied or expressed warranties or representation of any kind, nor does Safari Club International Utah Chapter deem to have made any representation or warranty of the description, genuineness, attribution, provenance or condition of any item. No statement in the Safari Club International Utah Chapter publications, catalogs or brochures or in the bill of sale or invoice or elsewhere shall be deemed such a warranty, representation or assumption of liability by Safari Club International Utah Chapter. Any written warranties with respect to the items purchased are those solely and expressly supplied by the manufacturer or donor of that item or hunt. 16. To protect our hunt donors, Safari Club International Utah Chapter reserves the right to withdraw any donated hunt from the auction that does not receive a bid at the minimum pre-determined value, or at Safari Club International Utah Chapter’s sole discretion. If the Auction Program Chairman and/or the Auctioneer determines that it is necessary or in Safari Club International Utah Chapter best interest, the hunt may be offered to the last highest bidder at the pre-determined minimum value before determining that a withdrawal is necessary. If the last highest bidder rejects the offer, the hunt may be considered a no sale and withdrawn and may be resold later. The Auctioneer shall have the sole and final discretion to determine the sale of a donated hunt. 17. Some hunts are subject to VAT and GST tax liabilities. Often these taxes are due and payable before a hunt can be taken. Other items may be subject to sales taxes. Safari Club International Utah Chapter does not assume responsibility for these fees. Please verify amounts with donor and check with the local government where a hunt is to be taken to validate tax rates. 18. All firearm (excluding some types of muzzleloaders and bows) purchases made during the banquet will be subject to the Brady Handgun Violence Prevention Act of 1993. After the close of the Convention all firearms purchased at a Safari Club International Utah Chapter auction or won in a Safari Club International Utah Chapter raffle will be returned to the Safari Club International Utah Chapter Headquarters in Logan, UT and will be required to be picked up at our nearest federally licensed dealer whom Safari Club International Utah Chapter chooses. It will be necessary for the purchaser to provide the Safari Club International Utah Chapter office with an original signed copy of the dealer’s or their own federal firearm license (FFL) and a copy of the paid auction statement before shipment can be made. All shipping costs are the responsibility of the purchaser. 19. Safari Club International Utah Chapter has been advised that donated “worked” ivory may be sold at its auctions. “Worked” ivory must not have been imported under any permit that prohibits the sale of that ivory. The export of “worked” elephant ivory for non-commercial or personal uses is allowed under U.S. law, but requires a CITES permit and must have been imported legally. Most hunting trophies have come into the U.S. under permits that prohibit sale, and cannot be sold. Export of “raw” ivory is not allowed for any purpose. 20. The terms and conditions set forth in the Auction Buyer Policy and the Auction Hunt Policy are hereby incorporated herein by reference. The purchaser’s acceptance of the Buyer’s Agreement, online terms and conditions, Silent Auction Bid Sheet, or Silent Auction Sealed Bid Form signifies and guarantees that the purchaser has read and understands these Auction Program Rules and Regulations, the Auction Buyer Policy and the Auction Hunt Policy, and the purchaser accepts and agrees to completely abide by and be legally bound by all the terms, conditions, rules and regulations for the Auction Program. Safari Club International Utah Chapter – Auction Hunt Policy Safari Club International Utah Chapter offers donated hunts and items to its members at official Safari Club International Utah Chapter events through live auctions, silent auctions and the sale of raffle tickets for designated items. Safari Club International Utah Chapter’s policy for hunts or items acquired by members at auction or through a raffle program is as follows: 1. Safari Club International Utah Chapter offers hunts, art, jewelry, firearms and other tangible items for bid during live and silent auctions or for raffle. All items are transferred as is. All valuations are provided by donors and all descriptions are based on information provided by third parties and Safari Club International Utah Chapter shall in no event be held responsible for their accuracy. Safari Club International Utah Chapter does not make implied or expressed warranties or representation of any kind, nor does Safari Club International Utah Chapter deem to have made any representation or warranty of the description, genuineness, attribution, provenance or condition of any item. No statement in the Safari Club International Utah Chapter publications, catalogs or brochures or in the bill of sale or invoice or elsewhere shall be deemed such a warranty, representation or assumption of liability by Safari Club International Utah Chapter. Any written warranties with respect to the items purchased are those solely and expressly supplied by the manufacturer or donor of that item or hunt. Although third parties sometimes provide appraisals with items such as jewelry, Safari Club International Utah Chapter does not verify or warrant their accuracy or origin. Appraisals are the result of subjective valuations and estimates of value and quality can vary markedly between competent and reliable appraisers. The provision of an appraisal does not represent a guarantee of value. Furthermore, any written or visual presentation done or offered by third parties does not necessarily reflect the opinion or attitude of Safari Club International Utah Chapter. 2. After bidding for an item concludes and the auctioneer designates a winning bidder, the designated winner (buyer) must immediately agree to a Buyer’s Agreement. For buyers at the auction location, the buyer must sign the Buyer’s Agreement and one copy will be given to the buyer. For online buyers, when the buyer clicks “I accept” after reading the Buyer’s Agreement, or pays for the item, the buyer is deemed to agree to the Buyer’s Agreement. For silent auctions, the Silent Auction Bid Sheet is considered the Buyer’s Agreement to purchase the indicated item. All signatures on Buyer’s Agreements, Silent Auction Bid Sheets and Silent Auction Sealed Bid Forms, and “I accept” or payment for online purchases, are legal and binding. SCI/SCIF will not recognize changes, additions or deletions to any auction description agreed to by the buyer and donor unless such changes are noted on the Buyer’s Agreement and signed by the buyer and an authorized representative of the donor, or in the case of online buyers, noted in an electronic writing exchanged between the buyer and an authorized representative of the donor. 3. All auctions are final and there will be no exchanges or refunds on items or hunts. Safari Club International Utah Chapter does not guarantee the satisfaction of the donor or the purchaser in any case. In reference to hunt donations, it is the purchaser’s responsibility to contact the hunt donor immediately and make all necessary arrangements for hunt dates and the application for any necessary paperwork for licenses and /or permits. Any disputes relating to the items or hunts shall be resolved solely between the donor and the purchaser. Failure to make necessary arrangements may constitute forfeiture. 4. If a purchaser fails to pay for any item prior to the close of the Banquet, Safari Club International Utah Chapter reserves the right to pursue all legal remedies available to it. Safari Club International Utah Chapter may undertake internal actions, which could result in sanctions including, but not limited to, suspension of purchaser’s membership or expulsion from Safari Club International Utah Chapter and SCI. 5. Although Safari Club International Utah Chapter encourages donors to list all extra and ancillary expenses not included in donated hunt, travel, service and other item, the list of expenses in auction item descriptions should not be considered exhaustive or definitive and Safari Club International Utah Chapter will not be held responsible for their completeness or accuracy. The amounts of additional expenses listed in auction item descriptions are approximations and are subject to change without notice. Bidders should contact relevant donors before bidding for additional and updated information about expenses one can expect to incur in taking a hunt or trip or in using a service or item. 6. All tangible items are subject to local sales tax. 7. All of the terms and conditions set forth in the Auction Hunt Policy and the Auction Program and Online Bidding Rules & Regulations are applicable to members purchasing items at auction or through raffle and such terms and conditions are incorporated herein by reference. DISCLAIMERS OF WARRANTIES AND LIABILITY General – Any hunts, trips, goods or services purchased by buyer at auction are provided “AS IS” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose. SCI makes no warranties about any Donor’s accuracy, competency or reliability, or of the buyer’s satisfaction with his/her purchase Safari Club International Utah Chapter’s acceptance of donor’s gift or donation does not imply endorsement of the donor or the donated hunt, trip, goods or services. In no event shall Safari Club International Utah Chapter, its directors, officers, agents, employees, or representatives be liable for any direct, indirect, incidental, special, exemplary, or consequential damages however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way or form out of the Buyer’s purchase of trips, hunts, goods, services or anything else purchased by Buyer at auction. Hunts – Although Safari Club International Utah Chapter has used its reasonable efforts to ensure the quality of donated hunts and trips, it has no control over the operation of the donor and cannot and does not guarantee that the hunt or trip will be to the Buyer’s satisfaction. The Buyer understands and agrees that it is his/her responsibility to make all arrangements for hunt or trip dates, including travel and completion and filing of all necessary documents, including applications for licenses and permits. Safari Club International Utah Chapter cannot guarantee or warrant that a trophy animal or any animal will be taken during a hunt. Some hunts are subject to VAT and GST liabilities, which sometimes are due and payable before the hunt can be taken. Buyer understands and agrees that Safari Club International Utah Chapter is not responsible for these fees and that it is Buyer’s responsibility to pay these fees unless other arrangements are made with donor. Goods – All goods covered by this invoice have been donated to or obtained by Safari Club International Utah Chapter from third parties. The Buyer acknowledges that the goods have not been inspected by Safari Club International Utah Chapter and that Buyer is advised, in the case of firearms, knives, bows, bullets, or other sporting and/or hunting equipment, to secure a competent inspection and test of the goods before use. The goods covered by this invoice are sold AS IS. Any written warranties relating to the goods are SOLELY those of the manufacturer or provider. Services – All services covered by this invoice have been donated to or obtained by Safari Club International Utah Chapter from third parties, and are to be furnished by such third parties. No such services are to be or will be performed by Safari Club International Utah Chapter. Safari Club International Utah Chapter has no control over the operation of the donor and cannot and does not guarantee the delivery or quality of any such services and it is not liable for any loss or damage arising from or relating to the provision or non-provision of such services. Buyer acknowledges and agrees that in the event services purchased are outside of the United States, Safari Club International Utah Chapter shall not be responsible or liable for any political unrest or instability that may occur outside the United States, nor shall Safari Club International Utah Chapter be held accountable for any injuries or damages. No Refund Policy – This purchase is non-refundable. In no event shall Buyer seek reimbursement from Safari Club International Utah Chapter and Buyer acknowledges and agrees that Safari Club International Utah Chapter is not liable to refund the purchase price or any portion thereof. Governing Law, Jurisdiction and Venue – This Agreement, its construction, performance and enforcement shall be governed by the laws of the State of Utah without regard to any conflicts of law provisions. For all claims or disputes in which Safari Club International Utah Chapter is named as a party arising under or with respect to this Agreement or any item purchased at auction, Buyer agrees that the exclusive jurisdiction and venue for such disputes shall be in the Third Judicial District Court for the State of Utah, Salt Lake County.  Buyer waives any objection or defense (including, without limitation any defense of inconvenient forum) that Buyer may now or hereafter have to the venue of any such action or proceeding in such court. If legal action is required and Safari Club International Utah Chapter prevails, SCI shall be entitled to recover its attorney fees and costs. Auction Program Policies – Buyer agrees that he/she is bound by the Auction Program Policies published in Safari Club International Utah Chapter Auction publications and that he/she has read the above Disclaimers of Warranties and Liabilities and the Auction Buyer Policy and agrees to all such terms and conditions. Successful online bidders who are not registered to attend the banquet, will not be charged a banquet fee if they win a bid.