A note from Magnolia, At Magnolia Gift and Garden, we were primed and ready for spring when this all went down. We are considered an essential business, but being open as usual proved to be very hard with regards to employee safety and social distancing guidelines. I'd like to thank Bidcal for allowing us to jump back into the auction game and help us generate some money to help us through this trying time. Though the world is on stand still, it is still spring and it is a great time to stock up on garden goods to make this time of isolation a little easier. Things have to be a little different for this auction though, as we have to do it as safe as possible. First, there will be no preview for this auction. Please read all the descriptions and look at all of the pictures. You will notice that most pictures were done with measurements and retail prices in the pictures and imperfections noted in the descriptions. Feel safe that if nothing is noted, these items are all in retail condition without noticeable flaws. Most of the items in the auction are one of kind or discontinued at the store- But feel safe that unless mentioned these are high end retail quality goods. Second, if you do win, Magnolia will contact you for scheduling your pick up, which will essentially happen through the rest of April. If you win some big lots, please bring help as we will be limited on the amount of interaction we can provide to accommodate a safe transaction. Delivery in the greater Chico area can be arranged for a fee (unless noted) if this is a problem, but keep in mind that we will be patient for you to find the help you need to make it happen yourself. We do have a forklift on site so loading big things into trucks shouldn't be a problem, but please bring tarps or tie downs if you are traveling far especially for large plants. At this time we do not have a public bathroom so plan accordingly. If you have any questions, my cell number is 530 774-5143 (texts preferred) between 10am and 3pm while the auction is active (though not on Easter Sunday). Once again if you do win, we will call you by Friday April 17th to schedule your pick up. Thanks, Chris @ Magnolia Gift & GardenAll Lots – AS IS WHERE IS. No guarantees or warranties of any kind. Remember- you must refresh your screen in order to see the most current bid! AS IS – WHERE IS!BIDDING STARTS: 1PM (PST) Friday, April 10th, 2020.BIDDING CLOSES:1 PM (PST) Tuesday, April 14th, 2020 using a "STAGGERED" and "SOFT CLOSE". BIDS PLACED VIA ONLINE BIDDING SERVICES ARE FIRM COMMITMENTS TO PURCHASE AND MAY NOT BE CANCELED OR RETRACTED FOR ANY REASON. LOCATION:1367 East Ave, Chico, CALoad Out: By Appointment Only! Magnolia will be calling all buyer's after the auction has closed to arrange for pickup. INSPECTION: There is no inspection available for this auction. All items are being sold AS IS WHERE IS! This is an Auction By Others. Descriptions and load out are being handled by Chris, rather than BidCal. Please contact Chris at (530) 774-5143 with questions regarding this auction. BidCal, Inc. assumes no responsibility in the accuracy of the descriptions. ALL BIDDERS MUST REGISTER All bidders will be required to submit credit card information in order to register. DON'T WANT TO TAKE THE TIME TO REGISTER– CLICK HERE!:DEPOSIT: Bidders that are new, out of state or international, and do not have a long history with BidCal, authorizes BidCal to charge their card on file a $100 fully refundable deposit OR 10% of the anticipated bid price prior to bidding. A long history with BidCal, for this auction, is defined as purchasing in 5 or more auctions with a total of over $1,000 in purchases. BUYERS PREMIUM AND SALES TAX: Applicable sales tax and a 15% Buyer's Premium will be added to each item purchased. Applicable California Sales tax of 7.25% will apply UNLESS: • Farm Tax Partial Exemption Certificate: Reduces Sales Tax to 2.25% for qualified purchases. • Resale License & Certificate: Removes all sales tax for qualified resale purposes. • Bill of Lading / Out of State Buyers: 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 Authorization of Release Form. 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 (You can't just send a friend down and say they are trucking for you . . . even you good folks up in Oregon!). • DMV Items: Sales tax will be determined by your address used for the registration. PAYMENT: WE WILL AUTOMATICALLY BE CHARGING YOUR CREDIT CARD FOR YOUR PURCHASES ON TUESDAY, APRIL 14TH AFTER THE AUCTION CONCLUDES! •If you do not want your credit card processed for your purchases, you must notify our office prior to the close of the auction. •A service provider fee of 3% will apply to all credit card payments. Purchases may be paid by Visa, Discover or MasterCard. •We will NO LONGER accept American Express for payment under any circumstances! •Important: 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. •Once your card has been processed, a paid invoice will be emailed to you. Please check your filter settings or check your junk mail as the invoice may go there. Don't waste a trip by showing up on Tuesday to pay or load out! Pickup is only by appointment. If you don't make an appointment with Chris to pick up you will not be let onto the property. •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 above. ITEM PICKUP:BY APPOINTMENT ONLY!!!! IF YOU DON'T MAKE AN APPOINTMENT WITH MAGNOLIA, YOU WILL NOT BE LET ON THE PROPERTY! THEY WILL BE CALLING ALL BUYER'S TO MAKE APPOINTMENTS AFTER THE AUCTION.LOCATION:1367 East Ave, Chico, CA Don't waste a trip by showing up on Tuesday to pay or load out! Pickup is by appointment only!!! Forklifts will be available to assist with loadout. LOAD OUT: 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. Click here to see examples of inappropriate vehicles brought to auction for load out! Also, 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. BID INCREMENTS:
$5 - $100 Increment is $1
$101 - $250 Increment is $5
$251 or more Increment is $20
POLICY ON BUY BACKS: 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! ASSISTANCE: Please call BidCal, Inc. @ (530) 345-0840 or click here to send us an email. OTHER TERMS: 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.