Lot 76: Michael den Hertog, Canadian (1951 - ), Orchard Morning, oil on canvas, 50 x 60 in. (127 x 152.4 cm)

PURCHASER TERMS AND CONDITIONS

The following as amended by any posted notices and/or oral announcements during the auction sale, constitutes the entire terms and conditions on which property listed in the auction sale
catalogue shall be offered for sale or sold by Maynards, and any consignor of such property for whom Maynards acts as agent. Maynards strongly recommends to all Bidders to thoroughly
inspect all items before the auction on which the Bidder intends to bid. Note that Maynards reserves the right to a) refuse to grant or to revoke the privilege of attending an auction sale to
any person or their agent, at any time, who may have been granted such privilege at previous sales; and b) to refuse to grant or to revoke the privilege of bidding granted by Maynards to any
person or their agent at any previous auction. Capitalized terms not otherwise defined are found in article 13.
1 All property is sold "AS IS, WHERE IS". Absolutely no warranty or representation, written or oral, expressed or implied, is given with any lot. All statements contained in Maynards'
catalogue, website, marketing material or by the auctioneers, or in any bill of sale, invoice or elsewhere as to authorship, age, date, origin, prior history or use, reason for sale, fitness
for any purposes, etc., are approximated statements and shall not be deemed to be representations or warranties with respect to any lot. All photographic representations are
provided solely for guidance and not to be relied upon for accuracy as to colour, tone or condition. No sale is invalid or made void by reason of any flaw in a lot or by reason of a lot
being incorrectly described, and Maynards will not be liable and no compensation will be paid for any such fault or error of description. Absolutely NO RETURN of sold goods, NO
REFUNDS, and NO EXCHANGES will be permitted.
2 Should any dispute arise over the authorship of any artwork offered in the auction or the description of any watch, plate or jewelry, the Purchaser must notify Maynards in writing at a
date not later than fourteen (14) days after the date of sale providing sufficient reason for the Purchaser's dispute of Maynards' attribution or description. Beyond this period and
within six months of the sale date, Maynards' liability is limited to a) the amount of Maynards' commissions; b) any other sale proceeds to which Maynards is entitled; c) any applicable
taxes received from the Purchaser on the sale; and d) making demand on the consignor to pay the balance of the Purchase Price to the Purchaser. Should the consignor fail to pay the
balance promptly after demand, Maynards may disclose the identity of the consignor and assign to the Purchaser Maynards' rights against the consignor with respect to the lot, the sale
of which is sought to be rescinded. Upon such disclosure and assignment, any liability of Maynards as the consignor's agent with respect to the said lot shall automatically terminate.
3 Maynards reserves the right to a) withdraw any property at any time before actual sale; or b) reject a bid from any Bidder. Unless otherwise announced by the auctioneer at the time of
sale, all bids are per lot as numbered in the catalogue. Lots may be combined or divided at the auctioneer's choice. Certain lots may be offered subject to a confidential reserve placed
by the consignor. In such cases, the auctioneer may bid on the consignor's behalf, only to the amount of the reserve. However, the consignor is not permitted to bid on their
consignment property.
4 Every person at the auction site before, during and after the auction sale, shall be deemed to be there at his/her own risk with notice of the condition of the premises, the activities on
the premises, and conduct of third parties; and the Bidder shall so advise his/her agents and employees. No person shall have any claim against Maynards, its consignors, agents,
employees, directors or principals for any injuries sustained or for damages to or loss of personal property, which may occur from any cause whatsoever.
5 A sale to the highest Bidder shall be complete upon the auctioneer's call with the highest Bidder purchasing the offered lot as the Purchaser, in accordance with all the conditions set
forth herein, including assuming full risk of loss and responsibility, thereof, in accordance with article 8. In the event of any dispute between Bidders, or in the event of doubt on the
part of Maynards as to the validity of any bid, the auctioneer shall have the sole discretion either to determine the successful Bidder or to reoffer and resell the lot in dispute. If any
dispute arises after the sale, Maynards' sales record shall be conclusive.
6 All or part of the Sales Tax may be exempt if the lot is delivered or otherwise removed from British Columbia (BC). It is the Purchaser's obligation to prove to the satisfaction of
Maynards, prior to the payment of the Purchase Price, that such removal results in an exemption from the Sales Tax. Exemptions will only be permitted if a commercial third party
carrier delivers the lot directly from Maynards' premises to a destination outside of BC and supplies Maynards with the appropriate delivery documentation. The Sales Tax of the
destination province will be charged if the lot is shipped to a province outside of BC.
7 Bidding is in Canadian dollars and payment is to be made in Canadian funds whether by cashier's cheque, Visa, MasterCard, traveler's cheques or money order, etc. Total purchases of
less than $1,000.00 may be paid by cash or uncertified personal cheque only if sufficient identification is provided to the cashier when paying. Total purchases over $1,000.00 may be
paid by certified cheque, Visa, MasterCard, American Express, traveler's cheques, or bank draft drawn in Canadian dollars. There is a $5,000 maximum on all credit card transactions. A financing handling fee may be charged on any non-cash transaction. A deposit
of 25% may be required as a down payment with the balance to be paid within three (3) days of the termination of the auction.
8 Purchase of any lot is at the Purchaser's risk with risk of loss immediately passing to the Purchaser upon the auctioneer's call. Neither Maynards, nor its consignors, nor its employees,
nor its agents, nor its directors, nor its principals have any liability of any nature whatsoever to the Purchaser, other than the sole and exclusive liability of refunding the Purchase Price,
in the event the lot is not delivered to the Purchaser due to fire, theft, damage, or any other cause or, if there is any loss or damage of any kind to the lot, whether caused by negligence
or otherwise, while any lot is in or under the custody of Maynards.
9 No lot may be removed until the Purchase Price is paid in full for all lots purchased. All lots purchased shall be removed in their entirety from the site at the Purchaser's sole cost and
responsibility and by the date as specified in the auction catalogue or as posted or announced at the sale. Maynards may provide assistance to the Purchaser with packing or removing
goods from the auction floor once sold, solely as a courtesy. However, Maynards is not responsible for any damage which may occur during that time. Check-out of small items may be
permitted after 9:00 p.m. on the night of the sale. Large pieces of furniture, rugs, sets of china and crystal, large paintings, etc. may only be removed at the termination of the auction.
It is the responsibility of the Purchaser to bring sufficient wrapping material and boxes, etc. The Purchaser shall full indemnify Maynards and its consignors for any loss arising from
damage to any person or property caused to any extent by the Purchaser's removal of the lot(s) purchased.
10 Certain property sold at the auction may be subject to laws governing exports from Canada and import restrictions of foreign countries. The export of any lot from Canada, or import
into any other country, may be subject to granting by local authorities of one or more export or import licenses, as the case may be. It is the Purchaser's responsibility to obtain any
relevant export or import licenses. All lots purchased from Maynards shall be paid for in accordance with article 7 and the denial of any export or import license or any delay in the
obtaining of such license shall not justify the rescission or cancellation of any sale or any delay in making payment of the Purchase Price for the lot. Maynards is unable to assist in
obtaining any of the above-mentioned export or import license documents.
11 If prospective Purchasers are unable to attend the auction on-site, Maynards will arrange for absentee bidding as a courtesy. An absentee bid enables a staff member to bid on the
prospective Purchaser's behalf according to the standard bidding process. Maynards' auction representatives will not bid above the maximum amount indicated by the prospective
Purchaser. In the event that Maynards receives more than one absentee bid for the same maximum amount and at the auction, those absentee bids are the highest bids for that lot;
the lot shall be Knocked Down to the person whose absentee bid request was received first. Maynards will have no liability whatsoever for any errors or failures. All outstanding
accounts for absentee bidders must be settled in full within three (3) days of the termination of the auction.
12 If the conditions herein or any other applicable condition(s) are not complied with, in addition to other remedies available by law to Maynards and/or its consignors, including but
without limitation, the right to hold the Purchaser liable for the Purchase Price, Maynards may, at its option, choose to do any of the following:
(a) cancel the sale in part or in full, retaining as liquidated damages all payments made by the Purchaser;
(b) resell the property, either publicly or privately, after three (3) days notice to the Purchaser and for the account and risk of the Purchaser, and in such event the Purchaser shall
be liable to Maynards for any deficiency if the resale is less than the Purchase Price, plus all costs, including warehousing, the pro-rata share of expenses of both sales including
reasonable attorneys fees, Maynards' commission, plus all other charges due hereunder and incidental damages suffered by Maynards or its consignor;
(c) charge interest on the Purchase Price at the rate of 5% above the prime rate of the Royal Bank of Canada; and
(d) store the lot on the premises of Maynards or elsewhere, and to release the lot to the Purchaser only after payment of the Purchase Price and any additional expenses incurred
by Maynards.
13 Definitions:
(a) "Bidder(s)" means a person or a person's agent who has completed proper registration with Maynards and has obtained a numbered bidding card (note that bidding cards
cannot be shared between two or more bidders), who may place bids on property auctioned by Maynards;
(b) "Buyer's Premium" means a fee of not less than 20% of the Hammer Price, which will be added to the Hammer Price in respect of each lot purchased;
(c) "Hammer Price" means the price at which a lot is Knocked Down to the Purchaser;
(d) "Knock(ed) Down" means to conclude the sale of a lot by the auctioneer's call, inclusive of the blow or knock of the auctioneer's hammer;
(e) "Purchase Price" means the aggregate of a) the Hammer Price; b) the Buyer's Premium and other surcharges, if any; and c) unless the Purchaser is exempt by law from the
payment thereof, in accordance with article 6, the Sales Tax and any other applicable taxes or fees;
(f) "Purchaser" means the highest Bidder acknowledged by the auctioneer as the Bidder who wins the lot; and
(g) "Sales Tax" means the Federal and Provincial sales and excise taxes applicable in BC or in the destination jurisdiction to which a lot will be delivered.

SUCCESSFUL BIDDER: The highest bidder shall be the buyer, but in the event of a dispute between bidders, the auctioneer shall have the discretion to determine the successful bidder, or to re-offer the article in dispute. Such determination shall be final and binding.

REVOCATION OF BIDDING PRIVILEGES: Maynards reserves the right to (a) refuse to grant or to revoke the privilege of attending an auction sale to any person, at any time, who may have been granted such privilege at previous sales, and (b) to refuse to grant or to revoke the privilege of bidding granted by Maynards to any person at any previous auction.

AUCTIONEER'S LIEN: Maynards expressly reserves the right to retain possession of all goods sold at this sale until payment is received in full, in keeping with these Conditions of Sale.

RIGHT OF SALE: Should any bidder default in paying for lot(s) purchased by that bidder or their agents, the bidder shall also be responsible for:

o any deficiency in the price between the resale amount which should have been paid by the bidder;

o any costs incurred by Maynards for the care and custody of such goods until they can be resold;

o the amount of commission that Maynards would have earned had the bidder not refused payment, including the buyer's premium.

BIDDER'S RESPONSIBILITIES: The duties of the bidder are to inspect any goods upon which they are planning to bid, to check carefully for any damage or loss, and to satisfy themselves during the days of public preview as to the accuracy of our catalogue descriptions.

BIDDER'S ACKNOWLEDGEMENTS: The bidder acknowledges his or her acceptance of these Conditions of Sale when he or she exercises the option to bid.

BIDDER'S RESPONSIBILITIES: The duties of the bidder are to inspect any goods upon which they are planning to bid, to check carefully for any damage or loss, and to satisfy themselves during the days of public preview as to the accuracy of our catalogue descriptions.

BIDDER'S ACKNOWLEDGEMENTS: The bidder acknowledges his or her acceptance of these Conditions of Sale when he or she exercises the option to bid.

WARRANTIES: In all cases, any statements made by the auctioneer regarding authorship, age, date, origin, prior history or use, reason for sale, fitness for any purpose, etc. is merely an expression of the auctioneer's opinion and the bidder agrees and understands that such expression is not a representation of fact or warranty under any circumstance.

CATALOGUE ENTRIES: Maynards catalogue entries are provided for guide purposes only. Information herein is drawn from reference material which Maynards believes to be highly reliable. No lot will be cancelled due to inaccuracies in cataloguing, or due to omissions in the catalogue regarding damage, loss, repairs, restoration, etc.

AUTHORSHIP OF PAINTINGS: Should any dispute arise over the authorship of any painting or print offered in the sale, the purchaser of record must notify Maynards in writing at a date not later than 14 days after the actual date of sale providing sufficient reason for their dispute of our attribution.

BUYER'S PREMIUM: All sales will be subject to a Buyer's Premium of 20% (23% on-line) that will be added to the purchase price of any lot. Any taxes will be applied to the aggregate amount of Bid Price and Buyer's Premium.

PAYMENT: Total purchases of less than $1,000.00 may be paid by cash or uncertified personal cheque only if sufficient identification is provided to the cashier when paying. Total purchases over $1,000.00 may be paid by certified cheque, American Express, Visa, MasterCard, traveler's cheques, or bank draft drawn in Canadian dollars. Total purchases over $5,000 may be paid by certified cheque, cash, debit or wire transfer. Please note there may be a financing handling fee on any transaction that is not cash. A deposit of 25 percent may be required as a down payment, with the balance to be paid no later than 3 days after the last session by 5:00 P.M. <br />
CANADIAN FUNDS: International bidders are reminded that bidding is in Canadian dollars and that payment is to be made in Canadian funds whether by cashier's cheque, American Express, Visa, MasterCard, traveler's cheques or money order, etc. <br />

PAYMENT: Total purchases of less than $1,000.00 may be paid by cash or uncertified personal cheque only if sufficient identification is provided to the cashier when paying. Total purchases over $1,000.00 may be paid by certified cheque, American Express, Visa, MasterCard, traveler's cheques, or bank draft drawn in Canadian dollars. Total purchases over $5,000 may be paid by certified cheque, cash, debit or wire transfer. Please note there may be a financing handling fee on any transaction that is not cash. A deposit of 25 percent may be required as a down payment, with the balance to be paid no later than 3 days after the last session by 5:00 P.M. <br />
CANADIAN FUNDS: International bidders are reminded that bidding is in Canadian dollars and that payment is to be made in Canadian funds whether by cashier's cheque, American Express, Visa, MasterCard, traveler's cheques or money order, etc. <br />

THE AUCTION HOUSE DOES NOT SHIP: The auction house does not have a shipping department, and will not ship items won; however, there are local recommendations for which the contact information can be given.

REMOVAL OF GOODS: Purchases must be completed and items removed no later than three days after the last session.

ASSISTANCE IN REMOVAL OF GOODS: Maynards may provide assistance to the bidder with packing or removing goods from the auction floor once sold but we are not responsible for any damage which may occur during that time. Clients are further advised that check-out of small items may be permitted after 9:00 p.m. on sale nights. Large pieces of furniture, rugs, sets of china and crystal, large paintings, etc. may only be removed at the end of that sale session. It is the responsibility of the buyer to bring sufficient wrapping material and boxes, etc. In the event of fire or theft of goods, however caused, Maynards' responsibility will be to the amount of the purchase price only. We are not responsible for the security of goods left after the removal deadline.

Please Note Our Terms of Sale have recently changed. By registering to bid on this auction you agree to the following terms and conditions. Telephone and absentee bidders will be notified by both telephone and e-mail within two days of sale end. We accept payment in the form of cash, check, money order, wire transfer, Visa, MasterCard, Discover Card, American Express and PayPal, as well as some debit cards.

1. All items are sold as is, where is, with all faults. There are no warranties or representations of merchant ability, fitness, nor of any other kind, express or implied. All artists' names and dates recorded in this catalog are not to be taken as unqualified attributions to the artists named. No attributions to any artist or date are made or intended as to authorship or date of execution. Therefore, none of the property in this catalog is subject to any guarantee of authenticity and all of the property is sold as is. All items are available for your examination prior to bidding. Your bidding will signify that you have examined the items as fully as you desire, or that you have chosen not to examine them. Written and oral descriptions are opinions and should in no way be construed as a guarantee of any kind as to age, condition, materials or any other feature of items being sold. We recommend prospective bidders examine all items in which they have an interest. If you require absolute certainty in all areas of authenticity, and the results of your evaluation leave uncertainty in your mind, we recommend you not bid on the item in question. We do not give refunds. All sales are final. No statement written or oral made by the auctioneer or any employee of Kaminski Auctions shall be deemed a warranty or assumption of liability by Kaminski Auctions or by any seller represented by Kaminski Auctions.

2. Bidding will begin at a price appropriate in auctioneer's discretion. The auctioneer always reserves the right to withdraw a lot for any reason he deems appropriate. At the auctioneer's discretion, no bid of less than one half the low estimate will be accepted from any source: phone bidding, absentee bidding, internet bidding, or bidding in the gallery. All lots in this catalog are offered subject to a reserve, which is the confidential minimum hammer price at which a lot will be sold. In executing a reserve, the auctioneer has the right to bid on behalf of the Consignor, whether by opening bidding or continuing bidding in response to other bidders until reaching the reserve. If the reserve is not met, the Auctioneer has the right to withdraw the item from the sale.

3. Once we declare that an item is sold, we cannot reopen the bidding. It is the bidder's responsibility to get our attention prior to our saying 'sold'. We reserve the right to reject any bids deemed inappropriate or to withdraw any item(s) for lack of appropriate bids. If an item is withdrawn from the auction it will be offered again only at the auctioneer's discretion.

4. Payment must be made by cash, check, money order, wire transfer, Visa, MasterCard, Discover Card, American Express or PayPal, within 5 business days from the end of sale. We reserve the right to require bank checks for large purchases. Buyers not known to us who wish to write a check must provide a current letter of credit from their bank guaranteeing funds for that account. We reserve the right to not issue a bidder number or to withhold merchandise if appropriate credit has not been established. We require wire transfers or Credit cards for international buyers.

5. Payment for all purchases is expected at time of purchase. Payment for successful absentee, phone bids and online bids are required within five business days of the auction. Bidding on an item indicates the client's acceptance of our Terms of Sale. Your signature on our Bid Form or acceptance of these terms through Live Auctioneers or any other online platform constitutes permission to charge successful bids to credit cards if payment is not received within five days of the auction. In the event the buyer does not pay in full within seven days of the sale, the buyer is in default, therefore title has not exchanged. In the event of a buyer default, the buyer agrees to pay Kaminski Auctions a 20% default fee and releases title of that said item.

6. We are pleased to offer online bidding for prospective bidders who cannot be present at the auction. Absentee bids are executed competitively and confidentially. All reservations for phone bidding are held in the strictest confidence and must be received by 5 pm the day before the auction. No additional phone bids can be accepted on the day of the auction including additions when speaking with a staff person on the phone. We can accept written absentee bids submitted on the Absentee Bid Form up to 30 lots before the item comes up for auction. Leaving an absentee or phone bid on a lot indicates your willingness to open the bidding at one half the printed low estimate, and gives the auctioneer the authority to open the bidding at that level. Kaminski Auctions shall have the right to withdraw any item at any time for any reason and to void any sale in the event of an error or dispute.

7. In the case of identical absentee bids, the bid received first will prevail. Bids left via online bidding platforms are not executed until the item is offered in the live auction and the order in which they are received is not a factor. We sell 70-100 lots per hour.

8. In our experience, cellular phones are not always dependable, and we recommend phone bidding reservations be made on land lines. We make every effort to honor all absentee and phone bid reservations, but we are not liable for any losses incurred as a result of failure to execute absentee bids or failed phone reservations. Submitting absentee bids or bidding by phone does not imply an extension of credit. Please see numbers 4 and 5 above.

9. Purchaser agrees that packing and shipping is done at the purchaser's risk and that the purchaser will pay in advance all packing expenses, materials, carrier fees and insurance charges. At our discretion, items will either be packed by an agent such as a packaging store or Kaminski Auctions. Please allow two weeks for shipping after payment is received. Shipment of large items is the responsibility of the purchaser. We are happy to provide names of carriers and shippers if a purchaser so requests. Kaminski Auctions will have no liability for any loss or damage to shipped items.

10. Note to internet absentee bidders. We do not accept cut bids. We always encourage bidders to bid by phone or to leave absentee bids through our gallery to avoid such a situation.

11. All purchases are subject to applicable Massachusetts sales tax unless the Massachusetts Certificate of Resale tax form is fully and completely filled out and received prior to time of purchase. Resale tax numbers from other states are accepted. International buyers are responsible for tariffs, taxes, or assessments of shipped items to the buyer's country. Items shipped out of state are not subject to sales tax.

12. Bidding on an item indicates your understanding and acceptance of these Terms of Sale. If a purchaser breaches any of these Terms of Sale, including the obligation to pay for purchased items, Kaminski Auctions may seek all remedies under the law including canceling the sale and re-offering the property without reserve.

13. A buyer's premium will be applied to the purchase price of all items: 20% if bidding live, by phone or by absentee bids. All online Internet bidding shall have a 25% buyers premium added to the highest bid.

14. Purchased items not picked up from our auction facility within ten business days of the auction will be moved to Beverly Moving and Storage located at 117 Elliot St. Beverly Ma unit 4. All items not picked up within 10 business shall be assessed a storage fee of $25.00 per day, per item. You authorize us to re-sell on your behalf any item not picked up within 30 calendar days. The costs of storage, plus any other costs directly related to the item, and an auctioneer's commission of 20%, will be subtracted from the proceeds unless other arrangements have been made with Kaminski Auctions. The minimum charge will be $50.

15. Please note that lots containing ivory, tortoiseshell, or other animal materials may be subject to regulations imposed by the Endangered Species Act and by the United States Fish and Wildlife Department. Some countries prohibit the importation of property containing materials from endangered species, and prospective purchasers should familiarize themselves with relevant customs regulations prior to bidding if they intend to import these lots into another country. Buyer is responsible for any and all CITES permits.

16. All photos and descriptions posted on LiveAuctoneers or any internet platform are property of Kaminski Auctions and are subject to US copy write laws. No photo or description may be used without written approval by a Kaminski Auction agent. Use of unauthorized photos and descriptions could incur penalties.

I understand that Frank C. Kaminski, Inc. will execute bids as a convenience and will not be held responsible for any errors or failure to execute bids. I understand that my bids are placed subject to the terms and conditions of sale as state above, and that I will be responsible for the purchase price and buyer's premium, as well as all applicable local and state taxes and separate shipping costs. Shipment will not be made until full payment has been received.

564 Cabot St. Beverly, Massachusetts 01915
Tel: 978-927-2223 Fax: 978-927-2228