Benefit Auction Terms, Conditions, Restrictions, and Protocol
1. All sales are final and no exchanges or refunds are possible. Upon completion of payment, title transfers to the buyer along with all liability for the work, and buyer shall hold harmless the SFAI Legacy Foundation + Archive, SF Artists Alumni, The Spirit is Alive! Committee, or any of their respective agents, affiliates, or employees.
2. All items purchased should be collected the night of the event. If bidding remotely, packing and shipping charges may apply, and are the sole responsibility of the buyer. All packing and shipping arrangements for delivery outside of the Bay Area shall be made between the buyer and their selected shipper and are not the responsibility of the SFAI Legacy Foundation + Archive, SF Artists Alumni, The Spirit is Alive! Committee, or any of their respective agents, affiliates, or employees. Delivery to the immediate San Francisco Bay Area is available for a flat fee of $75.00, and may be arranged by the buyer with the delivery agent after the event is over. Delivery agent does not offer installation or insurance services for deliveries. Regardless of shipping method, all shipping and packing costs, must be paid in full by the Buyer prior to the items' release to a shipper or the delivery agent. Buyer understands and agrees that neither the SFAI Legacy Foundation + Archive, SF Artists Alumni, The Spirit is Alive! Committee, the Delivery Agent, nor any of their respective agents, affiliates, or employees, shall be liable for any damage caused during shipment or as a result of faulty packing, and that insurance of any kind is not available or provided for purchased items under any circumstances.
3. Payment is required on the night of the event for both Live and Silent Auction items. Payment for Silent Auction items shall be processed through the GiveSmart web platform. Accepted payments for Silent Auction items are Visa, MasterCard, and American Express only. Live Auction items may be paid for by check, cash, Visa, MasterCard, and American Express only. For clarity and consistency, all items purchased from the Live and Silent Auctions shall be charged San Francisco City and County Sales Tax (8.63%), regardless of location of the bidder and the shipping destination. If a purchaser can prove they have a valid California Resale Permit, sales tax can be refunded after the purchase is complete.
4. All minimum or opening bids must be respected and no item shall be sold for less than its stated minimum or opening bid.
5. An attempt has been made to catalog and describe all items correctly, but everything is sold "AS IS". The respective donors have furnished all statements of value appearing in the printed program or on the GiveSmart web platform. Items purchased by a successful bidder are not warranted and/or guaranteed by SFAI Legacy Foundation + Archive, SF Artists Alumni, The Spirit is Alive! Committee, or any of their respective agents, affiliates, or employees. SFAI Legacy Foundation + Archive, SF Artists Alumni, The Spirit is Alive! Committee, or any of their respective agents, affiliates, or employees, shall not be liable for errors or omissions in the description of items. SFAI Legacy Foundation + Archive, SF Artists Alumni, The Spirit is Alive! Committee, or any of their respective agents, affiliates, or employees shall not provide specific condition reports for any of the items, or comment thereupon.
6. Silent Auction
(a) The Silent Auction shall begin on Thursday, March 16, 2023, at 6:00:00 (PDT) and run until precisely 5:15:00pm (PDT) on Sunday, March 26, 2023. Each item in the Silent Auction has a dedicated webpage for bidding on the GiveSmart web platform.
(b) All bidders must register an account on the GiveSmart website in order to bid on any auction items. Bid increments are fixed and cannot be altered. Each bid increase must be equal to or exceed the minimum bid increment. Any bid will be disqualified if it fails to meet the minimum bid for an item or the minimum raise. The starting bid and minimum raise amounts listed on the GiveSmart web platform supersede any differing information published in printed or electronic form elsewhere.
(c) Some items may have a "Buy Now" or other form of an instant purchase option available, which allows bidders to automatically make a purchase at a stated price. Instant purchase allows bidders to ensure that they will "win" the item and provide good value to the SFAI Legacy Foundation + Archive. Instant purchase is reserved for items designated with such a feature.
(d) Final bids must be received prior to 5:15:00pm (PDT) on Sunday, March 26, 2023, when the auction officially closes. Bid carefully! Once a bid is placed, it cannot be undone, removed, or otherwise revoked. Winning bids shall be certified by the GiveSmart web platform and/or The Spirit is Alive! Committee. Your bid on an item constitutes a binding legal contract to buy.
7. Live Auction
The Live auction begins at approximately 5:00pm on Sunday, March 26, 2023. All bidders must register at the front desk prior to the auction's start and receive a valid bid number. Announcements encouraging bidders to sign up for the auction shall be made several times prior to the auction commencing. To enter a bid, raise your bidding number towards the auctioneer (volunteer spotters will assist the auctioneer in recognizing bidders). The highest bidder will be acknowledged by the Auctioneer as the purchaser of the auction item. The acknowledgement constitutes a binding contract to purchase the auction item. The highest bidder shall be identified by their bid number.
If you are unable to attend the event in person, proxy bids may be made by contacting Greg Flood (gregflood100@gmail.com) and putting the works "Paul Kos Proxy Bid" in the subject line. Once a proxy bid is confirmed by email it is binding and cannot be revoked. Proxy bids will only be accepted from qualified bidders. A proxy bid is not considered accepted until you receive a confirmation email stating so. Proxy bids must be confirmed no later than 5:00pm PDT on Saturday, March 25, 2023.
8. Auction Check-Out & Other Information
(a) Payment is due upon checkout. Checkout (payment and pickup of items) for the Live Auction will be at the front desk of the event, beginning immediately after both the Live and Silent Auctions end. Payment for items purchased through the Silent Auction shall be handled through the GiveSmart web platform. Pickup of items purchased from the Silent Auction is available at the front desk once payment has been confirmed, otherwise pickup/shipping arrangements will need to be made (see above). No items from either the Live or Silent Auctions will be released without confirmation of payment in full of any and all charges by the buyer.
(b) It is the Spirit is Alive! Committee's intent to describe accurately all auction items with the information provided by the auction's generous contributors. SFAI Legacy Foundation + Archive, SF Artists Alumni, The Spirit is Alive! Committee, and any of their respective agents, affiliates, and employees does not appraise or estimate fair market value (FMV) of Auction Items, and all statements of value appearing on the GiveSmart web platform or in the printed program have been furnished by the contributors.
(c) In determining the tax deductibility of items purchased at the Auction, IRS ruling #67-246 issued August 4, 1988 reminds buyers that no deduction is allowable except to the extent the taxpayer can show that his or her payment exceeds fair market value of goods and services received after the auction.
SFAI Legacy Foundation + Archive, SF Artists Alumni, and The Spirit is Alive! Committee, reprints this information here to exercise their respective responsibilities to fully inform supporters of the applicable tax law but is not responsible for the tax consequences of these transactions. Please consult your own advisors regarding applicable tax laws.
9. Disclaimer
SFAI Legacy Foundation + Archive, SF Artists Alumni, The Spirit is Alive! Committee, and any/all of their respective agents, affiliates, and employees apologize for any omissions or typographical mistakes contained here within. We greatly value the support and generosity of our volunteers and donors and regret any errors.