SCI EL PASO CHAPTER El Paso Chapter – Auction Program Rules & Regulations

SCI EL PASO CHAPTER El Paso 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. SCI EL PASO CHAPTER El Paso Chapter appreciates the support of its donors and members in helping to further its programs and goals. Auction revenue funds a great portion of SCI EL PASO CHAPTER El Paso Chapter’s operating budget. The majority of the dollars raised goes to support SCI EL PASO CHAPTER El Paso Chapter's 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 SCI EL PASO CHAPTER El Paso Chapter’s online auction will be considered to be registered and present for the auction.

Items donated to SCI EL PASO CHAPTER and amounts paid to SCI EL PASO CHAPTER as part of the auction do not qualify as charitable deductions. SCI EL PASO CHAPTER is not a qualified charitable organization. No portion of any SCI EL PASO 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 SCI EL PASO CHAPTER (not SCI Foundation) by SCI EL PASO CHAPTER exhibitors unless otherwise noted. If an auction item is dedicated to benefit SCI Foundation, it will be noted in the description. Refer to IRS Publication 1391, Deductibility of Payments Made to Charities Conducting Fund Raising Events and consult your tax advisor for information about charitable deductions.

These Auction Program Rules and Regulations apply to auctions and raffles conducted for the benefit of SCI EL PASO CHAPTER and SCI Foundation and the term “SCI EL PASO CHAPTER” shall include “SCI Foundation” in all instances where the auction or raffle is conducted for the benefit of SCI Foundation.

SCI EL PASO CHAPTER will restrict or refuse access to corporations, companies, members or individuals, to SCI EL PASO CHAPTER convention goods or services (i.e. booth space(s) at future conventions, convention registration(s), access to auction purchases, etc.), if those corporations, companies, members or individuals have an outstanding balance due or past due to SCI EL PASO CHAPTER 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 SCI EL PASO CHAPTER’s sole discretion.

Any exceptions to these Auction Program Rules & Regulations must be reviewed and accepted by Show Management and, if necessary, the SCI EL PASO CHAPTER Banquet Committee.

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 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. A person registered and bidding through the official SCI EL PASO CHAPTER online auction site will be considered to be registered and present for the auction.

2. All items auctioned are sold “as is.” SCI EL PASO CHAPTER assumes no responsibility for the validity of the descriptions, authenticity, or condition of any item donated for auction. SCI EL PASO CHAPTER makes no warranty or guarantee, express or implied regarding any property or service 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 SCI EL PASO CHAPTER for tax or any other purpose.

3. All items auctioned (whether goods or services) have been acquired or obtained by SCI EL PASO CHAPTER from third parties. The purchaser acknowledges that the items have not been inspected by SCI EL PASO CHAPTER and that the purchaser is advised, in the case of firearms, knives, bows, bullets or other weapons, to secure a competent inspection and test of the goods before use. No services auctioned are to or will be performed by SCI EL PASO 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, the buyer must click "I accept" after reading the Buyer's Agreement which, along with payment for the item, constitutes agreement 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" with payment for online purchases, are legal and binding. SCI EL PASO CHAPTER/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 SCI EL PASO CHAPTER or the donor of any property or service, and neither SCI EL PASO 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 SCI EL PASO 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 SCI EL PASO CHAPTER’s attorneys’ fees and costs and will hold SCI EL PASO CHAPTER 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 Texas, except as preempted by federal law and that venue for any and all actions, including litigation, mediation and/or arbitration, shall be in El Paso County, Texas.

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 EL Paso County, Texas. 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 El Paso County, Texas.

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 SCI EL PASO CHAPTER is not responsible for any missed bids or bids that fail to be executed.

8. 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, the buyer must click "I accept" after reading the Buyer's Agreement which, along with payment for the item, constitutes agreement 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" with payment for online purchases, are legal and binding. SCI EL PASO CHAPTER/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.

9. 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. Checks should be made to SCI EL PASO CHAPTER (SCI EL PASO CHAPTER) and must be drawn on a U.S. bank and in U.S. dollars. Visa, MasterCard, Discover and American Express are accepted.

10. All auction items purchased at the Saturday Night Auction must be paid for before the official close of the Saturday Night 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 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 Convention does so at his/her own risk. SCI Northwest Chapter and/or SCI Sportsmen for Conservation Fund is not responsible for any item not removed from the Auction venue by the winning bidder/purchaser.

11. If you are unable to attend one or more live 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 and/or a representative of onlinehuntingauctions.com 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 SCI EL PASO CHAPTER. Bids submitted online, prior to a live auction, are absentee bids that must be executed on the bidders’ behalf by an SCI El Paso Chapter representative or representative of onlinehuntingauctions.com, and recognized and accepted by an auctioneer during the live auction. Neither SCI El Paso Chapter nor its employees 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 SCI El Paso 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.

12. Silent auction items will be showcased at the silent auction location for open bidding to all in attendance. All onsite open bidding, legibly written (including name, membership number and bid) will be accepted on bid sheets until the close of the silent auction. Online bidding will be closed 10 minutes prior to the close of each silent auction. The highest bid from the bid sheets or online bidders will be highlighted. The winning bid will be determined at the end of the bidding period, approximately 8:45PM PST. The highest bid is determined from a combination of open written bids on the onsite bid sheets and the available online bids for each item. If the online bid is higher than the last open onsite bid on the written bid sheet, that becomes the winning bid. If the onsite bid is higher than the last open online bid, that becomes the winning bid. If two bids are for the same amount, the winning bid is determined by time of bid and discretion of the Banquet Committee, with preference towards onsite bidders.

13. ALL SALES ARE FINAL. ALL TANGIBLE GOODS PURCHASED AT THE SCI EL PASO 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 or fishing trips, it is the purchaser’s responsibility to contact the hunt donor immediately and make all necessary arrangements for hunt or fishing 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.

14. 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 for necessary of paperwork for licenses and permits. SCI EL PASO 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 Convention Department, Auction Program.

15. Items may be removed from the Auction Distribution Area 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 Area following each auction. On-site shipping will be available through a representative. Fees will be quoted and will be the responsibility of the purchaser. by the on-site shipping representative and fees are the responsibility of the purchaser.

16. Although SCI EL PASO CHAPTER has made every effort to ensure the quality of donated hunts and trips, it cannot, and does not, guarantee the satisfaction of either the donor or the purchaser. SCI EL PASO CHAPTER does not guarantee the satisfaction of the donor or the purchaser in any case. SCI EL PASO CHAPTER does not make implied or expressed warranties or representation of any kind, nor does SCI EL PASO CHAPTER deem to have made any representation or warranty of the description, genuineness, attribution, provenance or condition of any item. No statement in the SCI EL PASO 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 SCI EL PASO 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.

17. To protect our hunt donors, SCI EL PASO CHAPTER reserves the right to withdraw any donated hunt from the auction that does not receive a bid at the minimum bid amount. If the Auction Program Chairman or the Auctioneer determines that it is necessary or in SCI EL PASO CHAPTER’s best interest, the hunt may be offered to the last highest bidder at the minimum bid amount 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. All hunt values are printed in the auction catalog and verified from donor price lists. The Auctioneer shall have the sole and final discretion to determine the sale of a donated hunt.

18. 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. SCI EL PASO CHAPTER does not assume responsibility for these fees. Interested bidders and buyers should verify amounts with donor and check with the local government where a hunt is to be taken to validate tax rates.

19. All firearm (excluding some types of muzzleloaders and bows) purchases made during the convention will be subject to the Brady Handgun Violence Prevention Act of 1993. After the close of the Banquet all firearms purchased at an SCI EL PASO CHAPTER auction or won in an SCI EL PASO CHAPTER raffle will be returned to the SCI EL PASO CHAPTER Headquarters in El Paso and shipped to the purchaser’s nearest federally licensed dealer. It will be necessary for the purchaser to provide the SCI EL PASO 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.

21. 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, 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.

SCI EL PASO CHAPTER – Auction Hunt Policy

SCI EL PASO CHAPTER offers donated hunts and items to its members at official SCI EL PASO CHAPTER events through live auctions, silent auctions and the sale of raffle tickets for designated items. SCI EL PASO CHAPTER’s policy for hunts or items acquired by members at auction or through a raffle program is as follows:

1. SCI EL PASO 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 SCI EL PASO CHAPTER shall in no event be held responsible for their accuracy. SCI EL PASO CHAPTER does not make implied or expressed warranties or representation of any kind, nor does SCI EL PASO CHAPTER deem to have made any representation or warranty of the description, genuineness, attribution, provenance or condition of any item. No statement in the SCI EL PASO 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 SCI EL PASO 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, SCI EL PASO 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 SCI EL PASO 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 El Paso Chapter Fund 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. SCI EL PASO CHAPTER has made every effort to ensure the quality of donated items or hunts. However, SCI EL PASO 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. 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, SCI EL PASO CHAPTER reserves the right to pursue all legal remedies available to it. SCI EL PASO CHAPTER may undertake internal actions, which could result in sanctions including, but not limited to, suspension of purchaser’s membership or expulsion from SCI EL PASO CHAPTER.

5. Although SCI EL PASO CHAPTER makes reasonable efforts to list all extra and ancillary expenses not included in hunt, travel, service and other items, lists of expenses in auction item descriptions should not be considered exhaustive or definitive and SCI EL PASO 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 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 EL PASO CHAPTER makes no warranties about any Donor’s accuracy, competency or reliability, or of the buyer’s satisfaction with his/her purchase. SCI EL PASO 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 SCI EL PASO 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 & Fishing Trips – Although SCI EL PASO 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. SCI EL PASO 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 SCI EL PASO 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 SCI EL PASO CHAPTER from third parties. The Buyer acknowledges that the goods have not been inspected by SCI EL PASO 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 SCI EL PASO CHAPTER from third parties, and are to be furnished by such third parties. No such services are to be or will be performed by SCI EL PASO CHAPTER. SCI EL PASO 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, SCI EL PASO CHAPTER shall not be responsible or liable for any political unrest or instability that may occur outside the United States, nor shall SCI EL PASO 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 SCI EL PASO CHAPTER and Buyer acknowledges and agrees that SCI EL PASO 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 Texas without regard to any conflicts of law provisions. For all claims or disputes in which SCI EL PASO 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 Texas Superior Court, El Paso County or the United States District Court for the District of Texas, El Paso Division. 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 courts. If legal action is required and SCI EL PASO CHAPTER prevails, SCI EL PASO CHAPTER 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 SCI EL PASO 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.