Idaho Chapter of Safari Club International Terms and Conditions 2021:

Idaho SCI – Auction Program Rules & Regulations

Idaho 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, and advocacy for hunting and hunter's rights. Idaho SCI appreciates the support of its donors and members in helping to further its programs and goals. Auction revenue funds a great portion of Idaho SCI's operating budget. The majority of the dollars raised goes to support Idaho SCI's conservation and education programs and for protection of the hunter. The term “auction” refers to silent auction, live auction and raffle.

Items donated to Idaho SCI and amounts paid to Idaho SCI as part of the auction do not qualify as charitable deductions. Idaho SCI is not a qualified charitable organization. No portion of any Idaho 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). 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 Idaho SCI and SCI Foundation and the term “Idaho 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 & Regulations must be reviewed and accepted by the Idaho SCI Board.

AUCTION BIDDING PROCEDURES AND CONDITIONS OF SALE

1. All items auctioned are sold “as is.” Idaho SCI assumes no responsibility for the validity of the descriptions, authenticity, or condition of any item donated for auction. Idaho 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 Idaho SCI for tax or any other purpose.

2. All items auctioned (whether goods or services) have been acquired or obtained by Idaho SCI from third parties. The purchaser acknowledges that the items have not been inspected by Idaho 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 Idaho SCI.

3. 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 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. All signatures on Buyer's Agreements, and "I accept" with payment for online purchases, are legal and binding. Idaho SCI will not recognize changes, additions, or deletions to any auction description.

4. By making a purchase, the purchaser waives any claim for liability against Idaho SCI or the donor of any property or service, and neither Idaho 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 Idaho 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 Idaho SCI’s attorneys’ fees and costs and will hold Idaho SCI harmless from any judgment thereon.

5. 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 Idaho, except as pre-empted by federal law and that venue for any and all actions, including litigation, mediation and/or arbitration, shall be in Bonneville County, Idaho.

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 Bonneville County, Idaho. 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 Bonneville County, Idaho.

6. 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 Idaho SCI is not responsible for any missed bids or bids that fail to be executed.

7. 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 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. "I accept" with payment for online purchases, are legal and binding. Idaho SCI will not recognize changes, additions, or deletions to any auction description.

8. If you are unable to attend one or more live auction in person and wish to place bids for live auction items through a representative, you may give SCI absentee bid instructions to bid on your behalf. One of our representatives will then try to purchase your items of choice at the lowest price possible, and never for more than the top amount you indicate. However, SCI will not be held responsible for failure to execute any bid or for any errors in execution of bids. Absentee bids will be accepted until December 1 prior to the annual Convention. To place an absentee bid, you will need to call the Convention Department and talk to the Auction Program Coordinator. You must 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. An absentee bidder must be a member of SCI and additionally pay the daily convention registration fee for the day of the auction of the items to be bid on. SCI will accept absentee bids for up to three auction items from one individual.

9. ALL SALES ARE FINAL. ALL TANGIBLE GOODS PURCHASED AT THE SCI 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.

10. 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. Idaho SCI is not, and will not act as, a conduit or go-between between the purchaser and donor.

11. Although Idaho 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.

12. To protect our hunt donors, Idaho SCI reserves the right to withdraw any donated hunt from the auction.

13. 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 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.

14. 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, 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.

Idaho SCI – Auction Buyer Policy

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

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

5. Although Idaho 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 Idaho 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 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. Idaho SCI makes no warranties about any Donor’s accuracy, competency or reliability, or of the buyer’s satisfaction with his/her purchase. Idaho 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 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 Idaho 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. Idaho 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 Idaho 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 Idaho SCI from third parties. The Buyer acknowledges that the goods have not been inspected by 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 Idaho SCI from third parties and are to be furnished by such third parties. No such services are to be or will be performed by Idaho SCI. Idaho 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, Idaho SCI shall not be responsible or liable for any political unrest or instability that may occur outside the United States, nor shall Idaho 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 Idaho SCI and Buyer acknowledges and agrees that Idaho 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 Idaho without regard to any conflicts of law provisions. For all claims or disputes in which Idaho 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 Idaho Superior Court, Bingham County, or the United States District Court. 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 Idaho SCI prevails, Idaho 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 Idaho SCI 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.