Auction Terms & Conditions
Remember- you must refresh your screen in order to see the most current bid!
AS IS – WHERE IS!
1 PM (PST) Wednesday, October 10, 2018.
BIDDING CLOSES: 7 PM
(PST) Tuesday, October 16th, 2018
using a "STAGGERED" and "SOFT CLOSE".
LOCATION: 27 Freight Lane, Chico, CA
BUYERS PREMIUM AND SALES TAX:
A 15% Buyer's Premium will be added to each item purchased, 100% of the sale price and buyer's premium is being donated to the Chico FFA. Sales Tax will not be applied to the items since they are being used for donation purposes.
An invoice will be emailed to you after the auction concludes. Please contact the BidCal office the morning of Wednesday, October 17th to arrange payment. We will be able to charge your credit card over the phone, you can mail a check, or you can bring cash to the office. Once the invoice is paid, we will email you a "paid in full" invoice. Please bring a copy of your paid invoice with you at the time of pickup.
Items will be located at the BidCal Office, 27 Freight Lane, Chico, CA
. Arrangements for pickup days and times will be made with the BidCal office.
$5 or more Increment is $5
Please call BidCal, Inc. @ (530) 345-0840 or click here
to send us an email.
1. You are responsible for knowing and understanding these terms.
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.
1B. According to the California State Board Of Equalization, the Buyers 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 attorneys 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's awarded the "top bidder", that bidder instantly becomes the new owner of that item and is completely responsible for that item.
Auction Site FYI
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.
Sebae Data Solutions, Inc.
SERVICE TERMS AND CONDITIONS
ACCEPTANCE OF TERMS
Sebae Data Solutions, (the makers of Auction Flex & HiBid (formerly Bidopia) hereafter referred to as "Sebae"), provides its service to you, subject to the following Terms & Conditions ("TAC"), which we may update from time to time without notice to you. The most current version of the TAC can be found found at any time by visiting the link: http://www.auctionflex.com/showtandc.ap
USE AND REGISTRATION
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our service. If you are registering as a business entity, you represent that you have the authority to bind the entity to the TAC.
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Bidder Information") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sebae has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sebae has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
DESCRIPTIONS OF SERVICE
Sebae provides the following services under the Auction Flex & HiBid trademarks: Integrated Web Service (for auctioneers), internet bidding (absentee, online-only, & webcast). You can learn more about these services in the following sections.
HIBID INTERNET AUCTION PLATFORM & WEB SERVICE DESCRIPTION
Sebae provides the HiBid (formerly Bidopia) Internet Auction Platform & Web Service ("HWS") under the HiBid trademark as a software solution for auctioneers wishing to extend the audience of their live auctions to the internet. The HWS provides various features including internet absentee bidding, internet-only auctions, and webcast auctions.
The HWS is able to changes its appearance to coincide with the website that it is powering. Accordingly, the HWS powers the www.hibid.com website as well as numerous Auction Flex customer websites. This ability to change appearance is a feature of the HWS. Much like internet merchant account providers can host a secure web page for a vendor to easily process payments, the HWS hosts certain portions of the auctioneer's website to easily enable advanced features such as internet bidding.
INTERNET ABSENTEE BIDDING
Internet absentee bidding allows you to place a bid for an item in advance of an auction. This allows you to place bids on lots without actually attending the auction.
Internet only bidding allows you to place a bid for an item prior to the auction lot closing online. In an internet-only auction there is no live auction.
Webcast auctions allow you to bid in real-time against other bidders or place pre-bids prior to a lot going "live".
Lots are sold in accordance with the Auctioneer's terms and conditions which are accessible from each lot's page. It is your responsibility to read and accept the Auctioneer's terms and conditions prior to placing your bid.
When you place a bid you are agreeing to be bound by the Auctioneer's & Sebae's terms and conditions. By placing a bid you are entering into a legally binding and enforceable contract. Please keep in mind that you are bidding against other internet bidders as well as floor bidders, phone bidders, and regular absentee bidders (this list does not constitute a complete list of bidder types but does highlight the common bidder channels).
The auctioneer, at their discretion, can approve or deny bidders. The auctioneer reserves the right to accept or deny bidders for any reason. Prior to approval the auctioneer may contact you to determine your credit worthiness. If the auctioneer approves your bid, the auctioneer will then process your bid in accordance with their terms and conditions.
Should your bid for a lot prove successful, the auctioneer may contact you to arrange for payment & shipping (if applicable). If the auctioneer required registration via a credit card, the auctioneer reserves the right to process your winning bids to the credit card provided during registration.
Sebae, through the Auction Flex & HiBid products & services, facilitates the internet bidding process between the Auctioneer & the bidder. Sebae is in no way a party to the transaction. Because Sebae is not a party to the transaction, you accept that you will have no claim or cause of action against Sebae in respect of the sale (or non-sale) of any Lot. If you have a dispute with an Auctioneer or another user of the Service with regard to the sale (or non-sale) of any Lot you agree that Sebae, its officers, agents, employees will not be liable for losses (including, but not limited to, loss of profits, special loss, indirect loss and consequential los), costs, damages, liabilities, claims, demands and expenses of any kind arising out of or connected with such dispute. You also accept that none of the aforementioned are under any obligation to take any action to resolve any dispute between you and an Auctioneer
Sebae is not responsible for any typographical, pictorial or technical errors in information about Lots on the Site as provided by Auctioneers. Sebae does not evaluate Lots and does not act as a specialist or expert on any related subject matter. Sebae makes no warranties or representation of any kind or nature with respect to Lots (including but not limited to representations or warranties as to the accuracy of description, genuineness, quality, authorship, attribution, provenance, period, culture, source, origin or safety). If you have any questions, e-mail the Auctioneer directly. In particular, make sure that you understand the Auctioneer's payment terms and shipping terms.
The Service requires you to login with your username and password prior to placing a bid on a Lot. Making bids with false information or with stolen credit card information is prohibited and illegal.
Your user name and password are required in order to place internet bids. Making bids in a false name or with an invalid or stolen credit card is prohibited. Each bid carries the computer coding of the Internet provider which allows the individual user to be traced and Sebae may at its discretion release this information to enable legal action to be taken. Sebae may, in its entire discretion, refuse or remove bids where it suspects that bids contravene this prohibition. By placing a bid, you are making a binding and irrevocable offer to purchase the Item at any price up to the maximum bid amount you submit. If you win, you must complete the transaction, subject to any contractual right or other right at law to rescind the contract in certain circumstances. Failure to complete transaction without lawful reason is not only a breach of your contract with the Seller but also a breach of this User Agreement.
The amount bid can be increased but cannot be decreased. The auctioneer may, at their discretion, allow you to withdraw and resubmit a bid in the case of bids containing an obvious typographical error. You may forward a request to withdraw a bid and resubmit a correct bid by immediately sending an email to the auctioneer, however, there is no guarantee that any bid will be withdrawn. Although Sebae will use best efforts to forward all bids, Sebae does not accept any responsibility for lost bids or problems with the recipient auctioneer's ability to process your bid. Moreover, Sebae cannot guarantee that bids received will be processed by the individual auctioneers.
Please note that Sebae's role is limited to the provision of the Site for dissemination and publication of information provided by the Sellers.
THE WINNING BID
The winning bid in an auction will be the highest bid that exceeds any reserve (if a reserve exists). In the case of equal bids, the earliest bid received will be the winning bid. If a higher bid is subsequently withdrawn or removed then the auctioneer shall have the right to accept the next highest bid.
NOTICE OF END OF SALE, PAYMENT & SHIPPING
After the sale has ended, the auctioneer will notify the winning bidder via phone, fax or mail that they have won. If you do not receive notice that you have made the winning bid and think that you are the top bidder, you should check with the auctioneer directly. You will make all payment for Items to the auctioneer in accordance with their terms and conditions.
BUYER'S PREMIUM, TAXES AND DUTIES
If you are a successful bidder, you are responsible for paying any buyer's premium, taxes and duties (including any VAT, sales tax and import duties) that may be imposed on the final price paid for an Item. Accordingly, it is your responsibility to check the applicable taxes and duties that may be imposed on an Item prior to bidding for it.
All material and content as provided by the Service is protected by copyright and similar rights. You can not use or make available any of that material for any commercial purpose.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
a. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Sebae expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b. Sebae makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
d. no advice or information, whether oral or written, obtained by you from Sebae or through or from the service shall create any warranty not expressly state in the TAC.
LIMITATION OF LIABILITY
You expressly understand and agree that Sebae shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sebae has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of of the previous two sections titled 'Disclaimer of Warranties' and 'Limitation of Liability' may not apply to you.
You agree to indemnify and hold Sebae harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
The TAC constitute the entire agreement between you and Sebae and govern your use of the Service, superseding any prior agreements between you and Sebae. The TAC and the relationship between you and Sebae shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Sebae agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Marion, Florida. The failure of Sebae to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TAC must be filed within one (1) year after such claim or cause of action arose or be forever barred.