Central MN Safari Club International Terms and Conditions 2018:
Central MN SCI – Auction Program Rules and Regulations
Central MN SCI 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, advocacy
for hunting and hunter's rights, and humanitarian outreach aligning with our mission. Central MN SCI
appreciates the support of its donors and members in helping to further its programs and goals. Auction
revenue funds a great portion of Central MN SCI's operating budget. The majority of the dollars raised
goes to support Central MN SCI's conservation, education, and humanitarian programs and for
protection of the hunter. The term “auction” refers to silent auction, live auction and raffle.
Items donated to Central MN SCI and amounts paid to Central MN SCI as part of the auction do not
qualify as charitable deductions. Central MN SCI is not a qualified charitable organization. No portion
of any Central MN SCI 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 Central MN SCI (not SCI Foundation) by
Central MN SCI 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 Central MN SCI and SCI Foundation and the term “SCI” 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 Rules and Regulations must be reviewed and accepted by the
Central MN SCI board of directors.
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 online auction site will be considered to be registered and present for the auction.
2. All items auctioned are sold “as is.” Central MN SCI assumes no responsibility for the validity of the
descriptions, authenticity, or condition of any item donated for auction. Central MN SCI 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 Central MN SCI for tax or any other purpose.
3. All items auctioned (whether goods or services) have been acquired or obtained by Central MN SCI
from third parties. The purchaser acknowledges that the items have not been inspected by SCI 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 Central MN SCI.
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 “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 “accept”
with payment for online purchases, are legal and binding. Central MN 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 Central MN SCI or the
donor of any property or service, and neither Central MN SCI 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 Central MN SCI 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 Central MN SCI’s attorneys’ fees and costs and will hold Central MN 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 Minnesota,
except as preempted by federal law and that venue for any and all actions, including litigation,
mediation and/or arbitration, shall be in Stearns County, Minnesota.
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 Stearns County, Minnesota. 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 Stearns County, Minnesota.
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 Central MN SCI 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 “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 “accept”
with payment for online purchases, are legal and binding. Central MN 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.
9. Someone will come to the table of the successful bidder to collect a signature and payment. Payment
is due immediately upon acceptance of a winning bid. Payments can be made by cash, check, or
debit/credit card. Checks should be made to Central MN SCI and must be drawn on a U.S. bank and in
U.S. dollars. Visa, MasterCard, Discover and American Express are accepted.
10. 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 will 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
or for which arrangements for removal have not been made will be shipped COD to the winning
bidder/purchaser, who also shall pay to SCI an additional 10% handling surcharge. Any
bidder/purchaser who leaves his/her purchases at the Convention does so at his/her own risk. Central
MN SCI is not responsible for any item not removed from the Convention by the winning
bidder/purchaser. Items purchased through an online au
leave the firearm at the table until 10:00pm, but the transfer needs to be completed before then.
16. Although Central MN SCI 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.
17. To protect our hunt donors, Central MN SCI reserves the right to withdraw any donated hunt from
the auction.
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. Central MN SCI 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. Central MN SCI 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, Silent
Auction Bid Sheet 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.
Central MN SCI – Auction Buyer Policy
Central MN SCI offers donated hunts and items to its members at official Central MN SCI events
through live auctions, silent auctions and the sale of raffle tickets for designated items. Central MN
SCI’s policy for hunts or items acquired by attendees at auction or through a raffle program is as
follows:
1. Central MN SCI 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 Central MN SCI shall in no event
be held responsible for their accuracy. Central MN SCI does not make implied or expressed warranties
or representation of any kind, nor does Central MN SCI deem to have made any representation or
warranty of the description, genuineness, attribution, provenance or condition of any item. No
statement in the Central MN SCI 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 Central MN
SCI. 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, Central MN SCI 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 Central MN SCI.
2. The successful bidder (or “purchaser”) of an item (whether through a live auction, silent auction
or raffle) will immediately sign a Buyer’s Agreement. The Buyer’s Agreement will be brought to where
the purchaser is sitting for signature and the bidder/purchaser will retain one copy at that time. For
silent auctions, the Silent Auction Bid Sheet is considered a Buyer’s Agreement of the purchaser to
accept the indicated item and pay the bid amount. Purchaser’s signature on the Buyer's Agreement and
the Silent Auction Bid Sheet demonstrate that the purchaser acknowledges that the agreement is a legal
and binding contract to accept the item and pay the accepted bid amount. Any changes, deletions or
additions to the description printed on the Buyer’s Agreement, which are agreed to by the purchaser
and an authorized representative of the donor, must be noted and signed by both parties in order to be
recognized as part of the auction purchase.
3. All auctions are final and there will be no exchanges or refunds on items or hunts. Central MN SCI
has made every effort to ensure the quality of donated items or hunts. However, Central MN SCI 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, Central MN SCI reserves
the right to pursue all legal remedies available to it. Central MN SCI may undertake internal actions,
which could result in sanctions including, but not limited to, suspension of purchaser’s membership or
expulsion from Central MN SCI.
5. Although Central MN SCI 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 Central MN SCI 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 of the terms and conditions set forth in the Auction Hunt Policy and the Auction Program
Rules and Regulations are applicable to attendees 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. Central MN SCI makes no warranties
about any Donor’s accuracy, competency or reliability, or of the buyer’s satisfaction with his/her
purchase. Central MN SCI’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 Central MN SCI, 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 Central MN SCI 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 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 Central MN SCI 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 Central MN SCI from
third parties. The Buyer acknowledges that the goods have not been inspected by Central MN SCI 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 Central MN SCI
from third parties, and are to be furnished by such third parties. No such services are to be or will be
performed by Central MN SCI. Central MN SCI 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, Central
MN SCI shall not be responsible or liable for any political unrest or instability that may occur outside
the United States, nor shall Central MN SCI be held accountable for any injuries
or damages.
No Refund Policy – This purchase is non-refundable. In no event shall Buyer seek reimbursement from
Central MN SCI and Buyer acknowledges and agrees that Central MN SCI 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 Minnesota without regard to any conflicts of
law provisions. For all claims or disputes in which Central MN SCI 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 Minnesota Superior Court, Stearns County or
the United States District Court for the District of Minnesota, St. Cloud 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 Central MN SCI prevails, Central MN 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
referenced in the auction program and made available in full at the registration table 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.