Lot 46: DAVID MAITLAND MACKENZIE (1800-1880) Scottish Landscape

TERMS AND CONDITIONS
By registering to bid in an auction conducted by MORTON KUEHNERT bidders agree to be bound by these Terms and Conditions.
1. ACCEPTANCE OF TERMS: Bidding on any item, whether in person, by absentee bid, or via a real-time internet auction, indicates the bidder's agreement to be bound by these Terms and Conditions.
2. TERMS OF SALE: Announcements made the day of auction take precedence over any previous communication. The auctioneer reserves the right to withdraw any lot at any time before its final sale and to reject any bid for any reason. The highest bidder for each lot, acknowledged by the auctioneer, shall be the "buyer". Any dispute that may arise as to bidding, or between two or more bidders, will be settled by the auctioneer and the auctioneer’s decision will be final.
3. BUYER'S PREMIUM: Buyers shall pay the final bid price of the lot, plus a buyer's premium for that lot equal to 15% of the final bid price.
4. ESTIMATES AND RESERVES: Presale estimates are intended to be guides and may or may not reflect the actual selling price of a lot. MORTON KUEHNERT reserves the right to change estimates on any lot at any time
5. INSPECTION: All lots are available for inspection prior to the auction. We try to be as accurate as possible in our descriptions and measurements however, condition reports are always subjective and all dimensions should be considered approximate. We strongly urge you to make your own inspections. Responsibility rests with the buyer to assess the condition of any and all lots sold by MORTON KUEHNERT.
6. WARRANTIES AND DISCLAIMERS: All sales are final, with no returns or refunds. ANY AND ALL LOTS ARE SOLD "AS IS WHERE IS”, without any representations or warranties expressed or implied by MORTON KUEHNERT and/or the seller/consigner.
7. INTERNET/ABSENTEE/PHONE BIDDING: Internet bidding may be available for certain auctions. There may be additional terms and conditions that apply to internet/absentee/phone bidding that should be reviewed prior to the auction,. (see ADDITIONAL TERMS AND CONDITIONS OF ABSENTEE/PHONE/INTERNET BIDDING). MORTON KUEHNERT is not responsible for failure to execute any bid for any reason.
8. BIDDING INCREMENTS: Bid increments are suggested. MORTON KUEHNERT reserves the right to change bid increments at any time prior to or during the auction.
9. BUYER'S RESPONSIBILITY: Upon the fall of the hammer, title to the offered lot shall pass to the buyer and the buyer immediately assumes full risk and responsibility for that lot, including liability for loss or damage.
10. PURCHASE PRICE AND PAYMENT: The purchase price for each lot shall equal the final bid price, buyer's premium, and any and all applicable sales taxes. Payment may be made in the form of; cash, check (on approval), money order, cashiers check, American Express, Discover Card, MasterCard, or Visa. Any and all charges incurred by the buyer will be immediately billed to the credit card on file with MORTON KUEHNERT. Buyers must pay the full purchase price at the time of sale. No property will be released by MORTON KUEHNERT until payment in full has been received.
11. SALES TAX: Buyers are required to pay any and all applicable state and local sales taxes. Tax exempt individuals, businesses, and organizations must present a valid tax exemption certificate at the time of purchase.
12. SHIPPING: It is the responsibility of the buyer to remove purchased property at his or her expense no later than 5 days after the auction. We do not make shipping arrangements. At the buyers request we will provide the name and telephone number of a packing and shipping service in our area. MORTON KUEHNERT is not liable for any loss, damage, omission, or delay by any packing, shipping, or transport, company or individual.
13. SHIPPING CHARGES: Buyers are required to pay for all packing, shipping and insurance charges. Be aware that for larger and/or valuable items, shipping charges can be substantial.
14. REMOVAL AND STORAGE OF PROPERTY: If purchased property has not been removed or MORTON KUEHNERT has not received confirmation of arranged shipping from a licensed shipper within 5 days of the auction, a $20 per item per day storage fee will be charged to the buyer.
15. CANCELLATION OF SALE: If purchased property remains in the custody of MORTON KUEHNERT for a period of 60 days or more following the auction, MORTON KUEHNERT may, at its discretion, cancel the sale retaining as liquidated damages any payments made by the buyer.

ADDITIONAL TERMS AND CONDITIONS OF ABSENTEE/PHONE/INTERNET BIDDING.
Authorized MORTON KUEHNERT personnel will make absentee bids for you in accordance with, (but not limited to), the following conditions:
1. Buyers must make their bid known to MORTON KUEHNERT a minimum of four hours prior to the auction by submitting an absentee bid registration form. Absentee bid registration forms are available at our offices, online, and in the auction catalog. Incomplete absentee bid registration forms will not be accepted.
2. All absentee bids submitted to MORTON KUEHNERT must include a maximum bid amount for each lot.
3. To guarantee payment, all absentee bidders are required to leave cash, a signed check, or a signed credit card receipt made out to: MORTON KUEHNERT AUCTIONEERS & APPRAISERS.
4. In the case that the maximum bid amount set by the absentee bidder is equal to the last bid accepted on the auction floor, the bidder physically present on the auction floor will have priority over the lot.
5. In the case that the same lot is bid on by two or more absentee bidders for the same amount, the lot will be sold to the bidder whose bid form was submitted first, in order of date and time.
6. All lots will be sold at the lowest possible bid price with respect to all other bids accepted on the auction house floor.
7. Phone bids – The availability of phones is limited. Phones are assigned on a first come first serve basis. A minimum bid of $1000 is required to reserve a phone. All other terms and conditions apply.
8. MORTON KUEHNERT is not responsible for the failure to execute and bid for any reason.

Complaints or compliments should be directed to: Texas Department of Licensing and Regulations, P.O. Box 12157 Capital Station Austin, TX 78711. 1-800-803-9202. Covered by the Recovery Fund.

ACCEPTANCE OF TERMS: Bidding on any item, whether in person, by absentee bid, or via a real-time internet auction, indicates the bidder's agreement to be bound by the Terms and Conditions as provided by Morton Kuehnert Auctioneers & Appraisers.

All lots are available for inspection prior to the auction. We try to be as accurate as possible in our descriptions and measurements however, condition reports are always subjective and all dimensions should be considered approximate. We strongly urge you to make your own inspections. Responsibility rests with the buyer to assess the condition of any and all lots sold by MORTON KUEHNERT. All lots are sold "AS IS WHERE IS".

PURCHASE PRICE AND PAYMENT: The purchase price for each lot shall equal the final bid price, buyer's premium, and any and all applicable sales taxes. Payment may be made in the form of; cash, check (on approval), money order, cashiers check, American Express, Discover Card, MasterCard, or Visa. Any and all charges incurred by the buyer will be immediately billed to the credit card on file with MORTON KUEHNERT. Buyers must pay the full purchase price at the time of sale. No property will be released by MORTON KUEHNERT until payment in full has been received.

BUYER'S PREMIUM: Buyers shall pay the final bid price of the lot, plus a buyer's premium for that lot equal to 15% of the final bid price.

SALES TAXES: Buyers are required to pay any and all applicable state and local sales taxes. Tax exempt individuals, businesses, and organizations must present a valid tax exemption certificate at the time of purchase.

SHIPPING: It is the responsibility of the buyer to remove purchased property at his or her expense no later than 5 days after the auction. We do not make shipping arrangements. At the buyers request we will provide the name and telephone number of a packing and shipping service in our area. MORTON KUEHNERT is not liable for any loss, damage, omission, or delay by any packing, shipping, or transport, company or individual.

Buyers are required to pay for all packing, shipping and insurance charges. Be aware that for larger and/or valuable items, shipping charges can be substantial.

If purchased property has not been removed or MORTON KUEHNERT has not received confirmation of arranged shipping from a licensed shipper within 5 days of the auction, a $20 per item per day storage fee will be charged to the buyer.