<b>All Lots – AS IS WHERE IS.</b> All lots are available for inspection prior to bidding. No guarantees or warranties of any kind. BidCal posts what the hour meter indicates. Unless otherwise noted, actual hours have not been confirmed and it is up to the buyer to determine the condition and hours of what they are bidding on. BIDDING STARTS: <b>8 AM (PST) Saturday, April 15th, 2023.</b> BIDDING CLOSES: <b>1 PM (PST) Wednesday, April 19th, 2023</b> using a "STAGGERED" and "SOFT CLOSE". Remember- you must refresh (F5) your screen in order to see the most current bid! BIDS PLACED VIA ONLINE BIDDING SERVICES ARE FIRM COMMITMENTS TO PURCHASE AND MAY NOT BE CANCELED OR RETRACTED FOR ANY REASON. <b>INSPECTION:</b> <b>Saturday, April 15th - 8 AM to 1 PM Sharp!</b> <b>Monday, April 17th thru Wednesday, April 19th - 8 AM to 3 PM Sharp!</b> NOTE: Some lots are located OFF SITE and not available for preview. Please see the Off-Site lot description for specific inspection and pickup information. LOCATION: <a href="https://goo.gl/maps/nnHWjx7T18Y5nWcGA">27 Freight Lane, Chico, CA</a> This is an Auction House!! The buyer is responsible to determine the condition of the lot they are bidding on. The Auction House is Not!! All items are being sold AS IS WHERE IS! Items are Available for Inspection!! BidCal, Inc. will pass on any information, good or bad, that the seller gives to us in describing the items. However, it is up to buyer to determine the condition of the lot they are bidding on. BidCal, Inc. assumes no responsibility in the accuracy of the descriptions. <b>ALL BIDDERS MUST REGISTER</b> All bidders will be required to submit credit card information in order to register. <b>DON’T WANT TO TAKE THE TIME TO REGISTER– <a href="http://www.bidcal.com/contact/registration-help">CLICK HERE!</a></b> <b>DEPOSIT:</b> Day 2 - Bidders that are new, out of state or international, and do not have a long history with BidCal, authorize BidCal to charge their card on file a $500 fully refundable deposit OR 10% of the anticipated bid price <u>prior to bidding.</u> Day 1 & 3 - Bidders that are new, out of state or international, and do not have a long history with BidCal, authorize BidCal to charge their card on file a $100 fully refundable deposit OR 10% of the anticipated bid price <u>prior to bidding.</u> <b>BID INCREMENTS:</b> $5 - $99 Increment is $5 $100 - $249 Increment is $25 $250 - $999 Increment is $50 $1,000 - $9,999 Increment is $100 $10,000 or more Increment is $250 <b>BUYERS PREMIUM AND SALES TAX:</b> Day 1 Auction: 15% Buyer's Premium applies to all lots with a maximum cap of $1,500 per lot. Day 2 Auction: 10% Buyer's Premium applies to all lots with a maximum cap of $1,500 per lot. Day 3 Auction: 15% Buyer's Premium applies to all lots with a maximum cap of $1,500 per lot. Applicable California Sales tax of 7.25% will apply UNLESS: • <a href="http://www.bidcal.com/Docs/Farm_Tax_Exemption_Form.pdf">Farm Tax Partial Exemption Certificate:</a> Reduces Sales Tax to 2.25% for qualified purchases. • <a href="http://www.bidcal.com/Docs/California_Resale_Certificate.pdf">Resale License & Certificate:</a> Removes all sales tax for qualified resale purposes. • <a href="http://www.bidcal.com/Docs/Bill_Of_Lading.pdf">Bill of Lading / Out of State Buyers:</a> If you are purchasing from out of state and do not wish to pay the California Sales Tax you must have your items shipped through a qualified 3rd Party Trucking Company and fill out the <a href="https://www.bidcal.com/Docs/Authorization-of-Release.pdf">Authorization of Release Form.</a> A Bill of Lading from the trucking company must be provided to BidCal at time of pickup. Again, the trucking company must be from a legitimate 3rd party trucking company <u>(You can’t just send a friend down and say they are trucking for you . . . even you good folks up in Oregon!).</u> • DMV Items: Sales tax will be determined by your address used for the registration. <b>THIS AUCTION HAS A 3 DAY CLOSE!</b> Day 1 (Dealer & Dismantlers Only) Auction Lots Close: <b>Monday, April 17th beginning at 1 PM</b> Day 2 (Equipment & Implements) Auction Lots Close: <b>Tuesday, April 18th beginning at 1 PM</b> Day 3 (Vehicles & Misc.) Auction Lots Close: <b>Wednesday, April 19th beginning at 1 PM</b> <b>PAYMENT:</b> •Last Day to Pay or Deposit: <b>Friday, April 21st @ 3 PM</b> •Card, Cash, Certified Check or Wired Funds will be accepted. •A service provider fee of 3% will apply to all credit card payments. Purchases may be paid by Visa, Discover or MasterCard. •We do not accept American Express for payment under any circumstances! •A BidCal representative will be at <a href="https://goo.gl/maps/nnHWjx7T18Y5nWcGA">27 Freight Lane, Chico, CA</a> with your invoice and will be available to collect payment there. •Payments for invoices totaling less than $1,000 must be paid by 3PM Friday, April 21st. For invoices totaling $1,001 or more, a deposit of $1,000 or 25%, whichever is greater, must be made by <b>Friday, April 21st, at 3PM</b> and the balance by <b>Friday, April 28th at 3 PM.</b> BidCal, Inc. reserves the right to use the bidder's credit card on file for payment in part or in full for any successful bids after 3PM on <b>Friday, April 21st.</b> •Interest will accrue starting Saturday, April 29th. Interest accrues daily on balance at 10% per annum. Interest will be calculated and added to outstanding invoices monthly. •Purchases made by non – certified funds will not be released until funds are cleared by the bank and may take up to 10 business days. •NOTE: Any business that receives more than $10,000 in "CASH" in one transaction or in two or more related transactions must file IRS Form 8300. Therefore, if you fall in this category, be prepared to provide BidCal with your SS# and Driver’s License so we can fill out the report. •Bidders that are new or that do not have a long history with BidCal, and wish to pay with a credit card, must be present to pick up their items and have the credit card and photo ID with them. •In the case of Buyer Default, the buyer's credit card will be charged for the full amount of the invoice. Then the item(s) will be resold, and the buyer will be charged a 25% relisting fee plus applicable commission. If in the course of a transaction any amount due to BidCal is declined, BidCal will continue to run your card for lower amounts until a transaction is completed. Any and all fees and or actions that the buyers bank implements including but not limited to: surcharges, overdraft charges, account seizures, etc., are the sole responsibility of the buyer. The purchaser hereby agrees to indemnify and hold harmless BidCal, Inc., and the seller, against any and all liability, loss, costs, damages and other expenses arising from the buyer failure to comply with the terms of the auction. By bidding in this auction and accepting these terms, you are hereby authorizing BidCal to charge your Credit Card as stated in these posted terms. <b>ITEM PICKUP/LOADOUT:</b> Last Day to Pick Up: <b>Friday, April 28th @ 3 PM</b> Yard Hours are Monday - Friday: 8 AM to 3 PM •<b>LOCATION:</b> <a href="https://goo.gl/maps/nnHWjx7T18Y5nWcGA">27 Freight Lane, Chico, CA</a> NOTE: Some lots are located OFF SITE at a different location. Please see the Off-Site lot description for specific inspection and pickup information. •The absolute drop-dead date for removal is <b>Friday, April 28th at 3 PM.</b> •Any items left after <b>Friday, April 28th</b> at 3 PM are subject to a storage fee of $25 per lot, per day. •If for any reason the buyer fails to remove any purchase, or establish communication about removal, by <b>Friday, April 28th at 3 PM </b>the purchase shall be deemed abandoned and the purchase may be resold at BidCal’s sole discretion. The buyer shall be liable for any rent incurred or damages suffered by BidCal because of purchaser's failure to remove any item. •<b>Forklifts will be available to assist with loadout.</b> •BidCal does not offer postal shipping of any items. All items must be picked up in person or by an accredited 3rd party shipping company. BidCal does not package or prepare items for shipping. If you need help making arrangements for a trucking company, please call the BidCal Office and we can give you some suggestions of who to contact to pick up your items. <b>BidCal Pickup Policy</b> If anyone other than you is picking up your auction item(s), please fill out the Authorization of Release form <a href="http://www.bidcal.com/Docs/Authorization-of-Release.pdf">(Click Here)</a> so we can release your item(s) to the authorized agent. You may return the form via email to office@bidcal.com or fax it back to us at (530) 891-0683. To prevent delays in pickup, please submit the form prior to showing up at the auction site. Those bidders who are paying by credit card and have a 3rd party picking up must sign their credit card slip prior to BidCal releasing their items. Receipts can be emailed or faxed to the Bidder. If your driver shows up without an Authorization of Release and your credit card slip is not signed, he may have to go ‘get lunch’ until we sort out the paperwork. Bring the appropriate vehicle to pick up your items! Don't ask us to help load an elephant into the back seat of a Volkswagen!! By not bringing the appropriate vehicle for load out, you tie up our forklifts and manpower for the rest of our customers causing a delay in their load out. <a href="http://www.bidcal.com/gallery/inappropriate-vehicles">Click here</a> to see examples of inappropriate vehicles brought to auction for load out! BidCal crew will not assist in driving rolling stock onto trailers, offer suggestions on how to load, where to place or how to tie down your purchases. By accepting these terms, Buyer agrees that Buyer is solely responsible for safely moving, loading, removing from the auction site and transporting the above item(s) on Buyer’s equipment in compliance with applicable laws and regulations. Any assistance given by Auctioneer or its staff in loading such items onto Buyer’s equipment will be at Buyer’s direction and sole risk and will not absolve Buyer from Buyer’s sole responsibility for safely moving, loading, removing, and transporting such item(s). Buyer shall defend, indemnify, and hold Auctioneer harmless from any and all damages or claims of others arising from Buyer’s breach of Buyer’s obligations set forth above. <b>PURCHASE OF VEHICLES:</b> BidCal, Inc. is a California licensed automobile dealer. <b>NOTE!</b> Your vehicle will be registered in the name of the person or business registered to the online bidder account. No exceptions. No changes. Please confirm that the correct name and address for the person or business you want to register the vehicle with is updated on the website prior to the close of the auction. We will not be changing any information at the window when you come to pay for and register your vehicle. If you request your name or address to be changed at the window there will be a $50 change of information service fee. <b>BUYER FEES:</b> 1. A $85.00 processing fee will be added to the sale of any items involving titles, registration, any DMV documentation or processing. 2. A $58.25 fee for smog inspection and certificate will be assessed (if applicable) 3. Applicable sales tax on all items including vehicles will be collected. 4. On titled vehicles, BidCal, Inc. will collect all appropriate DMV fees and register the vehicle for you. It is possible that the DMV fees due are more or less than is estimated on the contract. Any additional fees due to DMV will be the buyer's responsibility. <a href="https://www.dmv.ca.gov/portal/vehicle-registration/registration-fees/">Click on this link</a> for more information and a full list of DMV Fees: California law does not provide for a "cooling off" or other cancellation period for vehicles. Therefore, you cannot later cancel a contract simply because you change your mind, decide the vehicle costs too much, or wish you had acquired another vehicle. Certified funds must be received prior to the processing or release of DMV documents. IN-USE OFF-ROAD DIESEL VEHICLES (Off-Road Diesel Vehicles over 25 Hp) When operated in California, any off-road diesel vehicle may be subject to the California Air Resources Board In-Use Off-Road Diesel Vehicle Regulation. It therefore could be subject to retrofit or accelerated turnover requirements to reduce emissions of air pollutants. For more information, please visit the California Air Resources Board website at http://www.arb.ca.gov/msprog/ordiesel/ordiesel.htm. IN-USE HEAVY-DUTY DIESEL-FUELED VEHICLES (Diesel Trucks that are registered with the DMV, >14,000 GVWR, and not RETIRED) “An on-road heavy-duty diesel or alternative-diesel vehicle operated in California may be subject to the California Air Resources Board Regulation to Reduce Particulate Matter and Criteria Pollutant Emissions from In-Use Heavy-Duty Diesel Vehicles. It, therefore, could be subject to exhaust retrofit or accelerated turnover requirements to reduce emissions of air pollutants.” For more information, please visit the California Air Resources Board website at http://www.arb.ca.gov/dieseltruck.” <b>POLICY ON BUY BACKS:</b> There isn't one! If an auction has buybacks, then it "aint" an auction!! If you are aware of a seller bidding on their own item, call Rob 530-345-0840 immediately. The seller will be banned from selling in future auctions. If buyers feel they may be bidding against the seller, the whole business model of the auction is jeopardized. Therefore, BidCal does not tolerate any seller "hanky panky" or buybacks! <b>ASSISTANCE:</b> Please call BidCal, Inc. @ (530) 345-0840 or <a href = "mailto: office@bidcal.com">click here</a> to send us an email. <b>OTHER TERMS:</b> 1. You are responsible for knowing and understanding these terms. <b>1A. Although BidCal, Inc. has taken extraordinary steps to prevent technical failures in the Online Auction business, if a technical failure does occur, BidCal, Inc. reserves the right to extend or alter the closing time of a particular auction in order to preserve the intentions of the buyers and sellers.</b> 1B. According to the California State Board Of Equalization, the Buyer’s Premium is considered part of the purchase price and is required to be taxed. 2. All articles of merchandise are offered "As Is, Where Is" in units of measure as announced at the time of sale. No claim will be considered for allowance adjustment or rescission of any sale based upon the failure of the property to correspond to any particular standards or expectations of the buyer. The auctioneer reserves the right to group, modify, increase, diminish or delete lots at his sole and absolute discretion. While descriptions are believed correct, the Auctioneers or Owners make no warranties or guarantees as to genuineness, authenticity of, or defect in any lot and will not be held responsible for advertising discrepancies or inaccuracies. It is for this reason that buyers should avail themselves of the opportunity to make inspection prior to sale. All sales are final, when awarded to the successful bidder. Buyer accepts full responsibility for all purchases made and hold the Auction Company and Owners free of any liability in the event of theft or disappearance of any items purchased. All purchases must be checked out by an authorized Auction Company representative before leaving premises. 3. The auctioneer may refuse to accept or acknowledge any bid which is merely a fractional advance over the preceding bid, and in the event of a tie bid, the auctioneer may reopen the bidding to determine the highest bidder. All sales are final upon the award of bid. THE FULL PURCHASE PRICE SHALL BE PAID SALE DAY AND IN ANY EVENT PRIOR TO THE REMOVAL OF ANY LOT. In the event the purchaser fails to pay the full purchase price for any lot within the prescribed time or fails to comply with any other terms of sale, the auctioneer shall retain a possessory lien on all lots of the purchaser, and all of the purchaser's merchandise in the possession of the auctioneer. Purchaser shall pay all deficiencies resulting from such re-sale, together with all charges, fees, commissions, and expenses in connection with such re-sale. The auction deposit shall be retained by the auctioneer for application against any such deficiency, expense, or charge. 4. PURCHASER SHALL MAKE HIS OWN ARRANGEMENTS FOR INSURANCE COVERAGE FOR ALL ITEMS PURCHASED. 5. The purchaser hereby agrees to indemnify and hold harmless BidCal, Inc. and the seller, against any and all liability, loss, costs, damages and other expenses arising from the loading out of equipment by BidCal, Inc. on the purchaser's behalf. 6. No lots may be removed until the conclusion of the auction although invoices are available for payment at any time. All lots must be removed within the time announced or posted at the sale, at purchaser's sole cost and risk, and only in a manner approved by auctioneer. If for any reason the purchaser fails to remove any lot within the time specified, the lot shall be deemed abandoned, and the auctioneer may resell per Paragraph 3 above, or remove from the auction site, and/or store the said lots at purchaser's sole risk and expense. In addition, purchaser shall be liable for any rent incurred or damages suffered by auctioneer because of the purchaser's failure to timely remove any lot. Prior to the commencement of dismantling, rigging or cutting or any operation affecting buildings or land, purchaser shall furnish certificates, satisfactory to auctioneer, holding auctioneer harmless for any claims concerning damage or injury to persons or property arising out of any such acts. All equipment used in connection with removal, shall itself be removed with the purchased lots. 7. Sales taxes will be added to purchase of all taxable items. Dealers who purchase for re-sale must pay said sales tax or provide a re-sale certificate to the auctioneer in the name of the registrant before items are removed from sale site. Purchaser must also comply with all local laws and all ordinances regarding sale of property at auction. 8. All rights, privileges and powers reserved or granted to auctioneer in these Terms of Sale shall be deemed reserved and granted to auctioneer's employees, advertising representatives, and all owners for whom the lots are being sold. 9. Auctioneer does not accept responsibility for the failure of any equipment sold to meet the safety standards on classifications of equipment by the Department of Labor Safety and Health Regulation, CALOSHA, Federal OSHA or the Environmental Protection Agencies. It is the express responsibility of the buyer to determine what safety equipment must be in service on any machinery purchased and to comply with these regulatory requirements prior to using any equipment, machinery or vehicles purchased from Auction. 10. The purchaser may be responsible for obtaining a California Smog Certificate for any vehicle purchased. Buyer hereby certifies and acknowledges his/her understanding that a certificate of compliance is required to be obtained, certifying that any vehicle specified in subdivision (b) of Section 24007 of the Vehicle Code complies with the provisions of Part V (commencing with Section 43000) of Division 26 of the Health and Safety Code, before such vehicle may be registered in this state, unless the vehicle is sold to a dealer or for the purpose of being wrecked or dismantled or is sold exclusively for off highway use. Furthermore, buyer hereby agrees to indemnity and hold harmless BidCal, Inc. the registered owner, and the legal owner, against any and all liability, loss, cost, damages, fees of attorneys and other expenses arising from the purchase, acquisition, delivery or obtaining of certificate of compliance of any vehicle which does not comply with the California vehicle emission standard. 11. In the event BidCal, Inc. is required to employ an attorney to enforce any term of the agreement, purchaser agrees to pay reasonable attorney’s fees, in addition to all court costs. 12. A bad check over $25 written to BidCal, Inc. will be prosecuted as a felony. 13. When a bidder is awarded the "top bidder", that bidder instantly becomes the new owner of that item and is completely responsible for that item. <b>Auction Site FYI:</b> 1.You are entering this Auction Site at your own risk and liability. BidCal Auctions assumes no risk or liability including injury, mishaps, or stupid acts and/or behaviors of others. An Auction Site is a dangerous place with moving equipment and flammable substances. Please use extreme caution when entering this Auction Site. 2.Children must be accompanied by a competent adult when entering this Auction Site. 3.Do not operate equipment unless you are qualified to do so. Please consider your surroundings and safety of the others prior to operating equipment. 4.All loading and handling of items and equipment is at the risk of the buyer. 5.BidCal employees are not authorized to load or unload mobile equipment. 6.No Dogs Allowed on the Auction Site.