SALE TERMS AND CONDITIONS
PROSPECTIVE BUYERS AND CONSIGNERS PLEASE READ CAREFULLY!! All purchases through this sale are bound to the terms and conditions set forth herein, whether buyer and consigner has read them or not. Please take the time to read and become familiar with them and be aware that all transactions in this sale are governed by these terms and conditions. The failure of any buyer to comply with the terms and conditions set forth here will constitute default by the buyer.
There is an 8% BUYERS PREMIUM for all purchases ONLINE.
Los Angeles Chapter Safari Club International
Conditions of Sale
- All goods offered for sale have been acquired or obtained by SCI/LA from third parties. Purchaser acknowledges that goods have not been inspected by SCI/LA and is advised, in the case of firearms or other weapons, to secure a competent inspection and test before use. The goods offered for sale are sold “as is,” without any expressed or implied warranties on the part of SCI/LA. Any written warranties delivered to purchasers are those solely of the manufacturer of same.
- All services offered for sale have been acquired and are to be furnished by third parties. They will not be performed by SCI/LA. SCI/LA shall bear no responsibility for the delivery or quality of any such services or for any loss or damage arising from, related to, or connected with, the performance or nonperformance of such services.
- SCI/LA has endeavored to catalog and describe correctly the property to be sold, but all property is sold “as is” and SCI/LA shall in no event be responsible for the correctness of description, genuineness of authorship, provenance or condition of said property and no statement made orally at the sale or elsewhere shall be deemed to be such a warranty, representation, or assumption of liability. Prospective bidders should inspect the property before bidding to determine its condition.
- Unless otherwise announced by the auctioneer at the time of sale, all bids are per lot as numbered in the printed catalog. The auctioneer, at the time of sale, may correct the description or the contents of the lot; that description will constitute the item being sold and will supersede any previous description in the catalog.
- SCI/LA reserves the right to reject a bid from any bidder. The highest bidder acknowledged by the auctioneer shall be the purchaser, subject to the Conditions of Sale. In the event of any dispute between bidders, the auctioneer shall have absolute discretion to determine the successful bidder, and his determination shall be final; or the auctioneer, in his discretion, may re-offer and resell the article in dispute at any time prior to the conclusion of the auction. If any dispute arises after the sale, SCI/LA sale record shall be conclusive as to who was the purchaser.
- Any bid which is not commensurate with the value of the article offered, or which is merely a nominal or fractional advance over the previous bid, may be rejected by the auctioneer at his discretion. If the auctioneer, in his sole and final discretion, decides that any original bid is not commensurate with the value of the article offered, or having acknowledged an original bid, that any advance thereafter is not of sufficient amount, he may reject the same.
- In the case of a good or service not meeting the price (reserve), SCI/LA and the auctioneer have the right to pass the item for sale at the highest bid and fall of the hammer.
- Except as herein otherwise provided, the title will pass to the highest bidder upon the fall of the auctioneer’s hammer; thereafter, the property is at the purchaser’s sole risk and responsibility. In any dispute as to the amount of bid, the records of SCI/LA shall be accepted by the bidder as final and correct.
- All items purchased are to be paid for in full at the end of the sale.
- Your purchases tonight cannot be used as credit for hunts currently booked, nor can they be combined with any donation purchased elsewhere.
THE DOLLAR VALUE PLACED ON AUCTION ITEMS IS DESIGNED AS A GUIDELINE ONLY. MANY DONATIONS ARE IMPOSSIBLE TO EVALUATE MONETARILY.
Good luck, have fun, and thanks for your support.
IRS CHARITABLE DEDUCTIONS
Amounts paid to Safari Club International as a part of this auction do not automatically qualify as charitable deductions. The amount of the charitable deduction, if any, is the amount you paid in excess of the fair market value of the goods or services received. Please refer to IRS Publication 1391, Deductibility of Payments Made to Charities Conducting Fundraising Events, and consult your tax advisor as to the amount, if any, of the charitable deductions to which you may be entitled.
- California law requires that all firearms be held for a period of 10 days after the date of purchase and original application for registration of the firearm.
- Firearms purchased in the auction must be paid for in full tonight.
- Firearms provided for tonight’s auctions and opportunity drawings by SCI-LA, shall be registered by SCI-LA representative, Rick Dubin. You will be directed to Rick to make arrangements for registering the firearm. All of the above conditions for firearm registration apply.
- Purchasers or winners of any firearm will be required to fulfill the Department of Justice requirements for a Firearm Safety Certificate (FSC) before taking possession of the firearm. Holders of California Hunting Licenses are exempt from the requirement for long gun purchases. See Rick Dubin for additional information.
- All fees for registration of firearms, purchased or won tonight, are the responsibility of the purchaser or winner of that firearm.
- All firearms purchased or won are in “as-is” condition. SCI-LA makes no warranty on any firearm as to its condition, serviceability, or suitability for any particular purpose. Your sole recourse for service, repair, replacement of any firearm, or for any injuries or damages caused by any firearm is to the manufacturer.
- If permission to acquire any firearm won during an opportunity drawing is denied by the State, you will forfeit your prize. There will be no compensation for your loss.
- All firearms must be picked up from our representative within 90 days of our event. Any firearm not claimed within this amount of time will be subject to
a storage fee of $25 per month.
For Your Information
- Our Exhibitors are also our supporters. They are donating items, services or money to our fundraiser for our use in supporting wildlife conservation and protecting our rights as hunters. Without them we would not be able to carry on our work. PLEASE SUPPORT THEM WITH YOUR PATRONAGE.
- Beside each drawing item there is a container for tickets for that item. For each item that you wish to win, please put one or more tickets into the appropriate container. BE SURE TO KEEP YOUR TICKET STUB!! The winner of each item will be drawn only from the container designated for that item.
- In some cases there may be more than one of certain items. We will draw two tickets from those containers and award the items accordingly.
The more of your tickets that you put in any one container, the greater your chances of winning.
- You must be present to win.
- If you wish to participate in the silent or live auction, you must be registered at check-in.
Please follow the directions of the auctioneer, and be careful not to accidentally make any gestures that could be interpreted as a bid while the live auction is in progress.
- If you wish to make a bid, please make a clear gesture to attract the attention of the auctioneer or spotters.
If you are the successful high bidder, please show the auctioneer your envelope with your bidder number when asked.
- An announcement will be made when check-out is open. You will then be able to pay for all your evening’s purchases.
METHODS OF PAYMENT WE ACCEPT
- Visa, MasterCard, American Express, and Discover. Checks, with some restrictions.
****BUYERS PLEASE TAKE NOTE OF CALIFORNIA EQUINE SALES TAX REGULATIONS****
- XIT Horse Sales/KW Ventures/ XIT Western Productions and its associates act as agents only and are not responsible for buyer/seller error or misunderstanding. All guarantees are strictly between the buyer and seller. All horses are offered for sale according to the laws of the State of California. There is no representation or warranty expressed or implied by the auctioneer or sale staff, as to soundness or fitness for any particular purpose of any horse offered in this sale. The seller listed is the responsible party for all representations concerning the condition of any horse.
- Commission retained by XIT Horse Sales will be 8% of each horse’s selling price.
- There is an 8% BUYERS PREMIUM for horses purchased ONLINE.
- The payment for each horse sold will be mailed out within 5 days of the sale date.
- The catalog fee of $250.00 is due when horse is consigned and is not refundable.
- Consignor has the right to “NO SALE” or “PASS OUT” a horse IN THE RING. It can not be done later. Once the horse is announced as SOLD by the auctioneer it changes ownership.
- The consigner agrees NOT TO PRIVATELY SELL OR WITHDRAW a consigned horse prior to the sale. The only exception is an injured or sick horse with a signed veterinary release. NO SHOWS WILL BE CHARGED $500.00 PER HEAD without proof of medical withdraw from a Doctor of Veterinary Medicine.
- Alley trading is NOT allowed, ALL sales must go through the sale office.
- Effort has been made to assure accuracy of this catalog and internet advertising. However, XIT Horse Sales and auctioneers will not assume responsibility for errors or omissions. Announcements in the ring take precedence over printed information. PAY CLOSE ATTENTION TO THE ANNOUNCEMENTS. Buyer is bound by all announcements from the auctioneer stand at the commencement of the sale and at the time of sale of each individual horse.
- The highest bidder is to be the buyer. If a dispute should arise between bidders, the disputed horse will immediately be put up for bid again. In any dispute, the auctioneer has sole authority to settle the dispute and his decision is final. XIT Horse Sales reserves the right to waive the sale of a horse BEFORE it leaves the ring.
- Buyers have the right and are encouraged to have a veterinarian of their choice conduct a complete pre-purchase exam on any horse offered in the auction at the buyer’s expense. Purchasers of horses in this sale acknowledge that they have had the opportunity to thoroughly examine by veterinarian or otherwise each horse that they have purchased and hereby accept any horse they purchase “as is” with all defects and conditions except those that are specifically warranted in these conditions. Be sure to EXAMINE HORSES PRIOR TO PURCHASING.
- All horses must be tested for Equine Infectious Anemia (Coggins test) and found NEGATIVE within 6 months of the sale date. Coggin’s papers will be present in the individual horse’s folder. A health certificate is also required. (See California Livestock Board Requirements)
- Immediately after the horse is sold, it will be the sole risk and responsibility of the buyer. Effective from the time of purchase, the buyer assumes responsibility for the maintenance and care of the animal. The buyer further agrees to indemnify and hold XIT Horse Sales harmless from all loss, cost and expense arising from illness, injury or death of such animal, or loss or damage to property, and injury or death of persons, caused by the buyer, the buyer’s agents or employees, or by the animal, subsequent to the time of purchase. NO HORSE WILL LEAVE SALE LOCATION UNTIL FINAL SETTLEMENT HAS BEEN MADE.
- Payment in full must be made to the cashier immediately after the sale on November 6th 2021. Method of payment shall be cash, cashier’s check, traveler’s checks, personal check (with two forms of identification), or Visa/MasterCard/Discover. Checks can be made out to KW Ventures.
- If the horse is sold as registered. Registration papers will be provided on sale day along with completed transfer reports. Persons not having a current membership can purchase one directly from the breed registry. If the seller does not present the registration, transfers, or correct breeding report to the office prior to the sale, proceeds will be held until paperwork is received.
- Buyers and spectators are cautioned to be careful while on the grounds, particularly while horses are being shown or sold in the sale ring. All persons attending the sale do so at their own risk. According to the laws of the State of California, neither the owners nor any other person connected with this sale assume any liability, legal or otherwise, for accidents to persons or property, before, during, or after the sale.
- XIT horse sales does not guarantee any level of the horse’s training or behavior once the horse is sold. Please thoroughly inspect horses before you purchase. Descriptions of sale horses in the catalog were written by sellers and are based on their opinions and experiences with the horses. These statements do not imply any guarantees or warranties on the sale horses.
- CONDITIONS OF SALE
(AKA “The Fine Print”)
The following Conditions of Sale are the complete terms and conditions by which all property listed in this catalog shall be offered and sold by SCI/LA:
- CALIFORNIA EQUINE SALES TAX REGULATIONS
- California State Sales Tax applies to all sales of all horses within the state. EXCEPT that the California Department of Tax and Fee Administration has ruled that a sale is not taxable if the “buyer, before fall of the auctioneer’s gavel, has directed the auctioneer to ship the horse to a point outside of this state via a licensed carrier”, and “if the horse does not come into possession of the buyer until it arrives at the out-of-state destination.”
- Purchasers who desire exemption from payment of sales tax as aforesaid must provide 1) a completed and signed Interstate Delivery Agreement PRIOR TO BIDDING; and 2) a bill of landing, signed by an authorized signatory for an insured MCC/USDOT carrier acceptable to the sale management.
- Note to MCC/USDOT carriers - MCC Carriers should file with the sale management a copy of their Bill of Landing and a list of authorized signatories. Purchasers are reminded that all shipments by XIT Horse Sale Company to points out of state provided are at purchaser’s risk.
- Horses purchased for resale – Purchasers who are purchasing horses for resale may be exempt from sales tax if they provide a properly completed California Department Of Tax And Fee Administration resale certificate bearing a valid seller’s permit number. Please note that sales tax will be applicable on the subsequent resale of the property. We recommend you review the California Department Of Tax And Fee Administration sales tax rules.