Menzies Art Brands

Buying at our Auctions 

Catalogue

Our catalogue is available for viewing on-line two weeks before the date of each sale, or you can subscribeto the published catalogue or purchase it at our offices. An email notification can be sent to you advising the on-line catalogue's availability, if you would like this service please email us at artauctions@menziesartbrands.com. Please note that due to internet limitations, the on-line images will not accurately represent the colours and detail of artworks illustrated. We always recommend that you make time to view the artworks prior to the Auction at our viewings.

Viewings

Pre-sale viewings for all of our auctions are open to the public and may be attended at no charge. All works of art to be auctioned is usually on view for several days prior to the sale. You are encouraged to examine each lot thoroughly and to request condition reports. Menzies Art Brands specialists are available to give advice at all viewings or by appointment.

Condition Reports

If you would like additional information on a particular lot or are unable to attend the viewing, Menzies Art Brands will be pleased to provide on request a condition report. Please submit your request no later than 48 hours prior to auction. Menzies Art Brands Condition Reports are statements of professional opinion and should not be relied on as definitive fact.

We remind prospective buyers that descriptions of property are not warranties and that each lot is sold "as is". Neither Menzies Art Brands or the vendor makes any express or implied warranty or representation as to the condition of any lot offered for sale, and no statement made at any time, whether oral or written, shall constitute such a warranty or representation.

Estimated Prices

Catalogue entries include descriptive information for every lot, as well as a price range, which reflects the opinion of our specialists as to the price expected for the lot at auction. These are based upon prices recently paid at auction for comparable works and take into account condition, rarity, quality and provenance.

Estimates are prepared well in advance of the sale and are subject to revision; they do not include the buyer’s premium.

Although the sale is conducted in Australian dollars, the presale estimates are occasionally also printed in foreign currencies. The rates of exchange are the rates at the time of production of this catalogue and therefore, should be treated as a guide only.

Reserves

The reserve is the minimum price the vendor is willing to accept and below which a lot will not be sold. This amount is confidential and will not exceed the low pre-sale estimate. Property offered for sale without a reserve is identified 
by the square shaped symbol “ ” next to the 
lot number.

G.S.T.

In the event that the vendor is registered for Goods and Services Tax (G.S.T.), the invoice to the buyer will provide a separate entry for G.S.T. which is included in the hammer price. All Menzies Art Brands charges for services referred to in this catalogue are inclusive of G.S.T. A list of works which will be sold with G.S.T. included in the hammer amount is available to intending bidders on request.

Conditions of Sale

If you wish to bid in a sale, we encourage you to read the Conditions of Sale which appear in this catalogue. The Conditions of Sale outline the terms governing the purchase of property sold at auction. Menzies Art Brands will sell property to be auctioned on a G.S.T. inclusive basis. The buyer’s premium will also be inclusive of G.S.T. See condition 6 of the Conditions of Sale.

If you wish to bid in a sale, we encourage you to read our full Conditions of Saleon this web site and in the rear of our Auction Catalogue.

Menzies Art Brands Interest in Property Consigned for Sale

Menzies Art Brands generally offers property consigned by others for sale at public auction.

The Principal of Menzies Art Brands and Menzies Art Brands itself also sell property at our auctions and some of the works in this catalogue may be owned wholly or in part by Menzies Art Brands or the Principal of Menzies Art Brands.

The Principal of Menzies Art Brands, for some works, provide a guaranteed minimum price to the vendor of the property.  Some of the works in this catalogue may be the subject of such a guarantee.

If buyers have an interest in a particular lot and want to know more about its ownership or guarantee status, they should speak to a representative of Menzies Art Brands, who will endeavour to assist them to the maximum extent possible.

Buyer's Premium

Buyers are reminded that the purchase price will be the sum of the final bid price plus the buyer’s premium, which is 25% (GST inclusive) of the hammer price.

Before the Auction

Pre-sale viewings for all of our auctions are open to the public and may be attended at no charge. All property to be auctioned is usually on view for several days prior to the sale. You are encouraged to examine lots thoroughly and to request condition reports (see below). Menzies Art Brands specialists are available to give advice at all viewings or by appointment.

Prospective bidders should make themselves familiar with any saleroom notices that may be applicable and also consult the online catalogue on this website for the most up to date cataloguing of the property in this catalogue.

Condition Reports

If you would like additional information on a particular lot or are unable to attend the viewing, Menzies Art Brands are pleased to provide on request a general report on the condition of the property described in our catalogue. Please submit your request no later than 48 hours prior to the auction. We remind prospective buyers that the report is a statement of opinion and should not be relied upon as a statement of definitive fact. The Conditions of Sale, exclude warranties and representations with respect to the condition of a lot sold at Auction other than those expressly set out therein. Prospective buyers should inspect each lot to satisfy themselves as to condition and are encouraged to consult a professional restorer or conservator for a more detailed analysis if 
so required.

Provenance

Menzies Art Brands, may list in the catalogue entry matters such as the history of ownership and other relevant information with respect to scholarship or that assists in distinguishing the work of art. Menzies Art Brands are not able to carry out detailed enquiries with respect to provenance on each lot. Bidders are responsible to make their own enquiries and investigations on provenance before bidding on any lot or otherwise making an offer to purchase.

The identity of the Seller or previous owners may not be disclosed for a variety of reasons. For example, such information may be excluded at the Seller’s request or because the identity of prior owners is unknown.

Registration

If you are planning to bid at auction you will need to register with us. Please register at the viewing or arrive 20 or 30 minutes before the sale to complete bidder registration and to receive a bidding number to identify you if you are a successful bidder. If you are a new client, or if you have not made a recent purchase with Menzies Art Brands, you may be asked to supply a bank credit reference when you register. To avoid any delay in the release of your purchases, you may wish to pre-arrange cheque or credit approval. If so, please contact the Business Manager on (03) 9832  8700.

Pre-registration will also save you time on the day of sale.

The Auction

Auctions are open to the public, free of charge.

Bidding

Property is auctioned in consecutive numerical order. The lot being offered is usually shown at the front of the saleroom or is illustrated on a slide screen. The auctioneer will accept bids from those present in the saleroom or absentee bidders participating by telephone or by written bid left with Menzies Art Brands in advance of the auction. The auctioneer may also execute bids on behalf of the vendor to protect the reserve, either by placing consecutive bids up to the amount of the reserve or by entering bids in response to saleroom, telephone or absentee bids. Under no circumstances will the auctioneer place any bid on behalf of the vendor at or above the reserve. Bidding increments are inclusive of any G.S.T. which is applicable.

Bidding Increments

Bidding generally opens below the estimate and advances in the following increments:

$500 -  $1,000 by $50s
$1,000 - $2,000 by $100s
$2,000 - $5,000 by $200s
$5,000 - $10,000 by $500s
$10,000 - $20,000 by $1,000s
$20,000 - $50,000 by $2,000s
$50,000 - $100,000 by $5,000s
$100,000 - $200,000 by $10,000s
$200,000 - $500,000 by $20,0000s
$500,000 up - Auctioneer’s discretion

Occasionally the auctioneer may vary the increments 
during the course of the auction at his or her discretion.

Absentee or Commission Bids

If you cannot attend the auction, you may bid in other ways. The most common is the absentee bid. Absentee bids are written instructions from you directing Menzies Art Brands to bid for you on one or more lots up to a maximum amount you specify for each lot. Menzies Art Brands’ staff will execute your absentee bid at the lowest possible price taking into account the reserve price and other bids. There is no charge for this service. If identical bids are left by two or more parties, the first bid received by Menzies Art Brands will take preference. The auctioneer may execute bids for absentee bidders directly from the rostrum, clearly identifying these as absentee or commission bids. Absentee bid forms are available at the back of the catalogue and may also be obtained from Menzies Art Brands offices. It is the bidder’s responsibility to establish if they were successful with their bids.

Absentee bids submitted on ‘No Reserve’ lots will, in the absence of a higher bid, be executed at approximately 50% of the low pre sale estimate or the amount of the bid if it is less than 50% of the low pre-sale estimate.

Telephone bids

Menzies Art Brands will also execute your bids if you cannot come to the auction and wish to participate by telephone. Arrangements should be confirmed at least one day in advance of the sale with Menzies Art Brands Bid Manager. Menzies Art Brands’ staff will execute telephone bids from designated areas in the saleroom. This service is at the telephone bidder’s risk and is also free of charge. It is the bidder’s responsibility to establish if they were successful with their bids.

Internet Bidding

Menzies uses the services of Invaluable for live streaming of our auctions and online bidding. Go to www.invaluable.comif you would like to take advantage this service. Please note there is currently a 3% inclusive fee for online bids which are successful, which will be added to your Menzies’ invoice.

Successful bids

The fall of the auctioneer’s hammer indicates the final bid. Menzies Art Brands will record the bidder number of the buyer. If your saleroom or absentee bid is successful, you will be notified immediately after the sale by mailed invoice. Menzies Art Brands advise all Buyers to arrange for their own ‘all risks’ insurance to cover their purchased goods effective from date for payment to protect their interests as Menzies Art Brands do not provide insurance cover for Buyers. See condition 8 of the Conditions of Sale.

Unsold lots

If a lot does not reach the reserve, it is bought-in. In other words, it remains unsold and is returned to the consignor usually after a week in case there are any post sale offers. When the auctioneer hammers down a lot that fails to sell, he/she will not announce a bidder’s number.

 

After the Auction

Payment

Under normal circumstances you are expected to pay for your purchases within 7 (seven) working days after the sale and to remove the property you have bought that day. Payment can be made by bank cheque, cash, or telegraphic transfer. Arrangements can be made for credit card payment which will incur a surcharge. If payment is made by personal cheque property will not be released until funds have been cleared. 

Payment by telegraphic transfer should be made to: 
Menzies Art Brands Vendor Trust A/C

A.N.Z. Banking Group Ltd.
353 Elizabeth Street, Melbourne,
Victoria 3000
B.S.B. No. 013 040
Account No. 8369 13715.

Please use your Name or Account code (on the invoice) as your reference for direct payments.

Extended Payments

With the consent of the vendor, Menzies Art Brands may offer extended credit terms to prospective buyers whose credit worthiness has been verified.
For further information, please contact the Head of Business on (03) 9832 8700.

Shipping

After payment has been made in full, Menzies Art Brands may, as a service to buyers, arrange to have the property packed, insured and shipped at your request and expense. We recommend that you request an estimate for any large items or property of high value requiring specialised professional packers.

Menzies Art Brands will not accommodate a buyer’s request to roll canvases sold on stretchers or remove works from frames or mounts.

For your convenience, we have now provided a shipping instruction form online which you can download, print out and fax or mail to us. 

Export Licensing Regulations

The export of any item sold at Auction from Australia or its import into another country may require both export or import licenses. It is the buyer's responsibility to inform themselves with respect to those licenses and where necessary, to obtain the appropriate licenses. Those licenses may be required under the Protection of Movable Cultural Heritage Act 1986 or the Wildlife Protection (Regulations of Exports and Imports) Act 1982.

The Protection of Movable Cultural Heritage Act 1986 prescribes objects of Cultural Heritage significance that require either an export certificate or a permit. There may also be other legislation that restricts or prohibits the export of a lot outside a State or Territory or the Commonwealth of Australia. Prescribed objects are disclosed in the National Cultural Heritage Control list. Enquiries should be made of the Movable Cultural Heritage Department

The Wildlife Protection (Regulations of Exports and Imports) Act 1982 requires a specific license to move items made of or incorporating animal material such as ivory, whalebone, tortoise shell, skins, etc irrespective of age or value. The restrictions affect movement from State to State and/or Territory and overseas. The Australian National Parks and Wildlife Service are responsible for these permits.

Menzies Art Brands recommends that Buyers make appropriate enquiries of the relevant authorities. Buyers will be bound to complete a purchase notwithstanding the inability to obtain any relevant license.

Collection

Buyers can pay and collect property the following day from Menzies Art Brands rooms after 12.00 noon, provided payment is made by bank cheque, cash or telegraphic transfer. If payment is made by personal cheque property will not be released until funds have been cleared.

Due to space constraints Menzies Art Brands require that purchases are collected within seven days after payment and unsold property be collected within fourteen days after auction. If the goods remain after seven days Menzies Art Brands reserve the right to cause the property to be stored at the expense of the owner.

Sales Results

Price lists are sent automatically to catalogue subscribers shortly after each sale and are also available on request. Prices realised are also published on our web site click here.

Resale Royalties

Prospective Purchasers’ attention is drawn to the The Resale Royalty Right for Visual Artists Act 2009 (the Act) which came in to effect on the 8th June, 2010. Under the Act, artists and their beneficiaries are entitled to a 5% royalty on the resale price for certain resales of their work. There is information about the background to the resale royalty, and a link to the Act, on the website of the Department of the Environment, Water, Heritage and the Arts at www.arts.gov.au/resale_royalty. The government has engaged Copyright Agency Limited (CAL) to collect and distribute artists’ resale royalties. Menzies are obliged to provide information to CAL on all commercial resales after 8 June 2010, whether or not a royalty is payable on the resale.

 


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