Auction Terms & Conditions

Buyer’s Premium: 22%
Full in-house worldwide shipping available.

Auctioneer: Yarran L. Jenkins
QLD Licence No. 4652858
ABN 47 631 073 239

REGISTRATION

All Bidders must register before bidding. By registering (whether in person, online, by phone, or by written bid) you agree to these terms and conditions.

BIDDING & SALE

Our role: We act as agent for the vendor (seller).

Who can bid: We may refuse registration to any bidder and may refuse entry to or eject any person from the auction premises.

Your bids: All bids are final and cannot be withdrawn once acknowledged by the auctioneer. The highest bid accepted at the fall of the hammer wins. We may refuse any bid, regulate bidding increments, and determine the outcome of any bidding dispute.

Buyer responsibility: The successful bidder is personally liable for payment unless we have agreed in writing before the sale that they are bidding as an authorized agent for a named third party.

Our discretion: We may divide, combine, or withdraw any lot at any time before the hammer falls.

GST: All prices include GST unless stated otherwise. International shipments are GST-free exports.

Buyer’s Premium: A buyer’s premium is added to the hammer price for all successful bids, regardless of bidding method.

Third-party platforms: If you bid through a third-party platform (e.g., invaluable.com), neither we nor our vendors accept liability for any loss or damage arising from use of that platform. We prioritize floor bids, written bids, and bids through thebookmerchantjenkins.com over third-party platform bids.

CONDITION & GUARANTEE

Descriptions: We inspect and describe all lots, noting defects in the catalogue. These are our professional assessments. We are available to advise before bidding, but you should inspect lots yourself to satisfy yourself about condition and completeness.

30-day guarantee: We guarantee to the original buyer that each lot is complete in text and illustration and in reasonable physical condition for its age (meaning free from defects that materially impair use or structural integrity), unless stated otherwise. This guarantee:

  • Runs for 30 days from sale date
  • Does NOT cover binding damage, stains, foxing, wormholes, short leaves, or minor defects
  • Does NOT cover missing advertisements, blank leaves, cancels, or later published volumes/supplements
  • Does NOT apply to defects announced verbally or in writing before sale
  • Does NOT apply to box lots, shelf lots, unnamed items, or lots with 4+ items not fully described
  • Does NOT cover differences of opinion about condition, grading, or value

Delays caused by late payment, failure to arrange collection or shipping, or buyer-requested holding of lots do not extend the guarantee period.

Returns: To claim under this guarantee, the lot must be returned so as to be received by us within 30 days of the sale date and in the same condition. We will refund the full purchase price and rescind the sale.

ABSENTEE, TELEPHONE, AND ONLINE BIDDING

Written bids: We accept written bids submitted at least 12 hours before auction start.

Telephone bids: Available for lots with estimates of AU$1,000+ if requested at least 24 hours before auction start.

No liability: We will make reasonable efforts to execute written bids, connect telephone bidders, and provide reliable online bidding. However, we accept no liability for missed bids, connection failures, or bid execution errors.

Account security: You are responsible for securing your online account. All activity under your account is your responsibility.

PAYMENTS & COLLECTION

When to pay: Payment is due within 7 days of invoice. All invoices are in Australian dollars. Title to a lot does not pass until full payment has been received.

How to pay: Cash, bank deposit, Visa, Mastercard, American Express. Card payments incur a surcharge equal to our cost of acceptance.

Non-payment: If you fail to pay within 7 days of invoice we may cancel the sale and resell the lot at our discretion without further notice, including by sale to the underbidder, another buyer, or at a future sale. You will be liable for any shortfall on resale together with our reasonable storage, resale, and administration costs relating to the default. We are not required to hold unpaid lots or delay resale. Cancellation of the sale does not affect our right to recover amounts owed. We may pursue debt recovery through QCAT or the courts, and you agree to pay all amounts recoverable by law including filing fees, legal costs (where awarded), and statutory interest. We may also refuse your registration or bidding at future auctions.

COLLECTION & STORAGE

Collection deadline: Collect paid lots within 7 days of the auction unless you have arranged shipping or we have agreed otherwise in writing.

Storage fees: If you have paid for your lots but fail to collect them or arrange shipping within 7 days of the auction, we will charge a storage fee of AU$10 per week for small lots and AU$20 per shelf per week for shelf lots.

Uncollected lots: If you have paid for your lots but fail to collect them or arrange shipping within 6 months of the auction we may, after giving reasonable notice, resell the lots to recover outstanding storage, administration, and resale costs.

Uncollected unpaid lots: If you have NOT paid for your lots, the provisions under “Non-payment” above apply.

Risk: Risk in a lot passes to the buyer on the fall of the hammer. Where a sale is cancelled, rescinded, or otherwise unwound under these Terms or at law (including under our 30-day guarantee), risk in the lot reverts to the vendor from the time of cancellation or rescission. This allocation of risk does not affect any insurance arranged by the Auctioneer for transit.

SHIPPING

Our service: We offer full in-house worldwide shipping. All shipments incur a packing/handling fee. Postage is additional. Our full shipping policy is outlined on the Shipping Information page.

Your obligations: You are responsible for all import/export restrictions, duties, taxes, and licenses. We are not liable for costs or delays resulting from customs issues or your lack of knowledge as an importer.

Insurance: Where we arrange in-house packing and shipping, transit is tracked and insured. In the event of loss or damage in transit, we will assist with the insurance claim. Our responsibility is limited to the extent of any insurance proceeds received, except as required by law.

Claims: Report damaged or lost parcels within 30 days. Claims are not paid until the carrier completes its investigation.

Buyer Waiver of Insurance: Where a buyer requests in writing that transit insurance not be arranged: (a) the buyer acknowledges that transit is entirely at the buyer’s risk; (b) the buyer waives any claim against us, the carrier, and the vendor for loss of or damage to the lot in transit, except to the extent required by Australian Consumer Law; (c) we accept no responsibility for loss, damage, delay, or non-delivery in transit; and (d) our 30-day guarantee and any right of return or rescission do not apply to loss or damage occurring in transit.

Third-party shipping: You may arrange your own shipping with our prior written authorization. Once collected by your authorized agent, we provide no further guarantee.

Guarantee Interaction: Our 30-day guarantee and any right of return or rescission do not apply to loss or damage occurring in transit and, where transit insurance applies, are subject to successful claim resolution with the carrier and insurer.

LIABILITY LIMITATIONS

Information accuracy: While we take care in preparing lot descriptions, all information is provided in good faith. We are not liable for errors, omissions, or reliance on descriptions except as provided by our 30-day guarantee and under Australian Consumer Law.

Condition: All lots are sold in the condition they are in at the time of sale. Except for our 30-day guarantee, implied warranties are excluded to the extent permitted by Australian Consumer Law.

Maximum liability: For commercial transactions, our maximum liability for any claim related to a lot is limited to the amount you paid for that lot (hammer price plus buyer’s premium).

Your responsibility: You are responsible for satisfying yourself about the authenticity, condition, and value of any lot before bidding.

Consumer Rights: To the extent you are a consumer under the Australian Consumer Law, nothing in these terms excludes, restricts, or modifies your consumer guarantees or other rights under that law.

RESALE ROYALTY FOR VISUAL ART

Resale Royalty Right
Under the Resale Royalty Right for Visual Artists Act 2009 (Cth), visual artists are entitled to a 5% royalty on eligible commercial resales of original artworks sold for AU$1,000 or more.

Our obligations
We are required to report all eligible artwork resales to Copyright Agency, the government-appointed collecting society. Copyright Agency determines eligibility, collects the royalty, and pays it to the artist or their beneficiaries.

Payment responsibility
The resale royalty is calculated as 5% of the hammer price and is deducted from the seller’s proceeds. We collect and remit the royalty to Copyright Agency on behalf of sellers for all eligible artworks. This is a separate charge from our commission and is not paid by the buyer.

What qualifies
The scheme applies to original visual artworks including paintings, prints, sculptures, photographs, textiles, ceramics, glassware, and other visual art. It does not apply to mass-produced items, buildings, or works where the artist has been deceased for more than 70 years.

International reciprocity
Australia has reciprocal arrangements with 26 countries. Artists from these countries may receive royalties for works resold in Australia, and Australian artists may receive royalties for works resold in those countries.

More information
Visit www.copyright.com.au or www.resaleroyalty.org.au for full details on the scheme.

GENERAL

Changes: We may update these terms at any time. The terms in effect at the time of each auction apply to that auction.

Disputes: These terms are governed by Queensland law. Any disputes are subject to the exclusive jurisdiction of Queensland courts.

Severability: If any provision is found invalid, the remaining provisions continue in full effect.

Please refer to the Shipping Information page for full shipping information.

Please refer to the Bidding Information page for bidding information.

Contact
The Book Merchant Jenkins
28 Burke Street
Woolloongabba QLD 4102
Australia

Last updated: January 2026

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