BIDDING INSTRUCTIONS AND FORMS
AUCTION OF FOREST GROVE 2008 CONCOURS d’ELEGANCE
2008 POSTER ARTWORK

NOTICE OF SALE

The Rotary Club of Forest Grove (“CLUB,” P.O. Box 387, Forest Grove, Oregon 97116) is offering at auction the original watercolor artwork (“ARTWORK”) created by artist Mike Hill (“ARTIST”) from which the 2008 Forest Grove Concours d’Elegance (“CONCOURS”) promotional poster was developed.

The auction will be conducted at the Saturday night, July 19, 2008 CONCOURS dinner. Bids (1) may be made by those present at the dinner or (2) may be submitted in writing, using the “BID FORM” included in this document, prior to the dinner, as outlined below.

TERMS AND CONDITIONS OF SALE

Bid Reserve: The CLUB will establish a reserve amount that bids must meet or exceed to be accepted. 

Oral Bids: Bidders making oral bids at the auction must have read these TERMS AND CONDITIONS before entering into the bidding. The successful oral bidder will be required to sign a copy of the BID FORM before acceptance by the CLUB of the successful bidder’s bid. 

Written Bids: Written bids, using the BID FORM, must be received at the following address no later than Friday, July 18, 2008:

            Forest Grove Concours

            P.O. Box 387

            Forest Grove, OR 97116

Such bidders are totally responsible for delivery of their bid, fully compliant with these TERMS AND CONDITIONS, by the stated deadline. Written bids received after normal mail delivery Friday, July 18, 2008 will not be considered. In addition, written bids that do not comply with these TERMS AND CONDITIONS will be rejected.  

Contract between Successful Bidder and the CLUB: Upon identification of the successful bidder and full payment by the successful bidder to the CLUB of the accepted bid amount, the successful bidder (thereafter BUYER) and an officer of the CLUB shall sign the CONTRACT appearing at the end of this document.  

Arrangements with ARTIST: The CLUB has agreed to allow ARTIST to take possession of the ARTWORK immediately following the CONCOURS, for entry in a variety of art shows (“TOUR”). It is estimated the TOUR may continue for up to six months after the CONCOURS, but in no case will continue for more than seven months. Upon full payment by the BUYER, as required below, and execution of the CONTRACT by the BUYER and the CLUB, the BUYER shall become the official owner of the ARTWORK. Responsibility for the ARTWORK during the TOUR shall rest with the CLUB. The ARTIST will provide the BUYER a full-color copy of the ARTWORK during the period of the TOUR, to be returned to the ARTIST upon delivery of the ARTWORK to the BUYER at the conclusion of the TOUR. 

In the event the ARTWORK is not delivered to the BUYER by February 15, 2009, at the written request of the BUYER to the CLUB, his/her payment for the ARTWORK will be returned in full by the CLUB within thirty days of such written request. 

In the event of the loss of the ARTWORK during the TOUR, the BUYER’s full payment for the ARTWORK will be refunded to the BUYER by the CLUB within thirty days after such loss is positively confirmed. 

In the event the ARTWORK is damaged during the TOUR, the CLUB shall be responsible for arranging repair of the ARTWORK to the satisfaction of the BUYER, or, at the option of the BUYER, the CLUB shall refund the full amount paid by the BUYER. 

While the CLUB realizes the TOUR may be an imposition on the BUYER, CLUB also believes the TOUR can do nothing but further enhance the value of the ARTWORK.  

In addition to the TOUR arrangement described above, the CLUB has authorized the ARTIST to make up to 100 giclee prints of the artwork which the Artist may offer for sale.  

Payment by the BUYER: If the BUYER is present at the dinner, payment in full to the CLUB will be required the evening of the dinner, July 19, 2008. For written bids, see the deposit requirement below. If the successful bidder submitted his/her bid using the BID FORM and is not present at the dinner, payment of the full balance due must be received by the CLUB no later than Friday, July 25, 2008. Upon full payment by the BUYER and signature of the CONTRACT  by both BUYER and the CLUB the BUYER shall become the official owner of the ARTWORK. 

The CLUB will not sign the CONTRACT until payment in full is received from the successful bidder. In the event the successful bidder fails to comply with these TERMS AND CONDITIONS, the CLUB is authorized to offer the ARTWORK for sale to others and to retain any deposit the CLUB has received from the defaulting bidder. 

Deposit required with written bids: A deposit of $100 to the CLUB must accompany written bids. If the bidder is not successful, the deposit will be returned or refunded within seven days of the CONCOURS. 

Limit to the Liability of the CLUB: Under no circumstances will the CLUB be held financially responsible for more than the amount bid by the successful bidder.

BID FORM

Bid amount:  ________________________________
Deposit attached (with written bids): ________YES _________NO
Bidder Name (Printed) ________________________________
Bidder Address ________________________________
  ________________________________
Bidder Phone Number: ________________________________
Bidder e-mail: ________________________________

I agree to the TERMS AND CONDITIONS delineated above

Bidder Signature:        _____________________                  Date_______________

CONTRACT

The CLUB accepts the above bid at a purchase price of ____________. The CLUB and the BUYER agree to comply with the TERMS AND CONDITIONS delineated above.  Those TERMS AND CONDITIONS are hereby made an integral part of this CONTRACT. This CONTRACT, including the incorporated TERMS AND CONDITIONS, constitute the full and sole agreement between the BUYER and the CLUB regarding the sale of the ARTWORK. 

    This CONTRACT will expire when any one of the following conditions is met:
  • The ARTWORK is delivered undamaged, no later than February 15, 2009, to the BUYER FOLLOWING the TOUR.
  • The ARTWORK is not delivered to the BUYER by February 15, 2009, the BUYER requests a refund of the purchase amount, and the CLUB issues such refund to the BUYER. 
  • The ARTWORK is damaged during the TOUR, repaired to the satisfaction of the BUYER, and delivered to the BUYER.
  • The ARTWORK is damaged during the TOUR, the BUYER requests a refund, and such refund is paid the BUYER by the CLUB.
  • The ARTWORK is lost during the TOUR and the CLUB refunds the BUYER’s purchase price. 
  • In the event the purchase price is refunded by the CLUB to the BUYER, the CLUB regains full ownership of the ARTWORK and is authorized to dispose of the ARTWORK as it see fit.

Agreed to this day of ____________________________

BUYER Signature                   ____________________________    Date ____________

CLUB Officer Printed Name _____________________________

CLUB Office Held:                _____________________________

CLUB Officer Signature:       _____________________________  Date_______________