Lot

295

Bob McNett (Hank Williams and the Drifting Cowboys) - 1938 C.F. Martin D-28 acoustic guitar, made in

In The Guitar Auction - Four Day Sale including t...

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Bob McNett (Hank Williams and the Drifting Cowboys) - 1938 C.F. Martin D-28 acoustic guitar, made in
Bob McNett (Hank Williams and the Drifting Cowboys) - 1938 C.F. Martin D-28 acoustic guitar, made in - Image 1 of 18
Bob McNett (Hank Williams and the Drifting Cowboys) - 1938 C.F. Martin D-28 acoustic guitar, made in - Image 2 of 18
Bob McNett (Hank Williams and the Drifting Cowboys) - 1938 C.F. Martin D-28 acoustic guitar, made in - Image 3 of 18
Bob McNett (Hank Williams and the Drifting Cowboys) - 1938 C.F. Martin D-28 acoustic guitar, made in - Image 4 of 18
Bob McNett (Hank Williams and the Drifting Cowboys) - 1938 C.F. Martin D-28 acoustic guitar, made in - Image 5 of 18
Bob McNett (Hank Williams and the Drifting Cowboys) - 1938 C.F. Martin D-28 acoustic guitar, made in - Image 6 of 18
Bob McNett (Hank Williams and the Drifting Cowboys) - 1938 C.F. Martin D-28 acoustic guitar, made in - Image 7 of 18
Bob McNett (Hank Williams and the Drifting Cowboys) - 1938 C.F. Martin D-28 acoustic guitar, made in - Image 8 of 18
Bob McNett (Hank Williams and the Drifting Cowboys) - 1938 C.F. Martin D-28 acoustic guitar, made in - Image 9 of 18
Bob McNett (Hank Williams and the Drifting Cowboys) - 1938 C.F. Martin D-28 acoustic guitar, made in - Image 10 of 18
Bob McNett (Hank Williams and the Drifting Cowboys) - 1938 C.F. Martin D-28 acoustic guitar, made in - Image 11 of 18
Bob McNett (Hank Williams and the Drifting Cowboys) - 1938 C.F. Martin D-28 acoustic guitar, made in - Image 12 of 18
Bob McNett (Hank Williams and the Drifting Cowboys) - 1938 C.F. Martin D-28 acoustic guitar, made in - Image 13 of 18
Bob McNett (Hank Williams and the Drifting Cowboys) - 1938 C.F. Martin D-28 acoustic guitar, made in - Image 14 of 18
Bob McNett (Hank Williams and the Drifting Cowboys) - 1938 C.F. Martin D-28 acoustic guitar, made in - Image 15 of 18
Bob McNett (Hank Williams and the Drifting Cowboys) - 1938 C.F. Martin D-28 acoustic guitar, made in - Image 16 of 18
Bob McNett (Hank Williams and the Drifting Cowboys) - 1938 C.F. Martin D-28 acoustic guitar, made in - Image 17 of 18
Bob McNett (Hank Williams and the Drifting Cowboys) - 1938 C.F. Martin D-28 acoustic guitar, made in - Image 18 of 18
Bob McNett (Hank Williams and the Drifting Cowboys) - 1938 C.F. Martin D-28 acoustic guitar, made in
Bob McNett (Hank Williams and the Drifting Cowboys) - 1938 C.F. Martin D-28 acoustic guitar, made in - Image 1 of 18
Bob McNett (Hank Williams and the Drifting Cowboys) - 1938 C.F. Martin D-28 acoustic guitar, made in - Image 2 of 18
Bob McNett (Hank Williams and the Drifting Cowboys) - 1938 C.F. Martin D-28 acoustic guitar, made in - Image 3 of 18
Bob McNett (Hank Williams and the Drifting Cowboys) - 1938 C.F. Martin D-28 acoustic guitar, made in - Image 4 of 18
Bob McNett (Hank Williams and the Drifting Cowboys) - 1938 C.F. Martin D-28 acoustic guitar, made in - Image 5 of 18
Bob McNett (Hank Williams and the Drifting Cowboys) - 1938 C.F. Martin D-28 acoustic guitar, made in - Image 6 of 18
Bob McNett (Hank Williams and the Drifting Cowboys) - 1938 C.F. Martin D-28 acoustic guitar, made in - Image 7 of 18
Bob McNett (Hank Williams and the Drifting Cowboys) - 1938 C.F. Martin D-28 acoustic guitar, made in - Image 8 of 18
Bob McNett (Hank Williams and the Drifting Cowboys) - 1938 C.F. Martin D-28 acoustic guitar, made in - Image 9 of 18
Bob McNett (Hank Williams and the Drifting Cowboys) - 1938 C.F. Martin D-28 acoustic guitar, made in - Image 10 of 18
Bob McNett (Hank Williams and the Drifting Cowboys) - 1938 C.F. Martin D-28 acoustic guitar, made in - Image 11 of 18
Bob McNett (Hank Williams and the Drifting Cowboys) - 1938 C.F. Martin D-28 acoustic guitar, made in - Image 12 of 18
Bob McNett (Hank Williams and the Drifting Cowboys) - 1938 C.F. Martin D-28 acoustic guitar, made in - Image 13 of 18
Bob McNett (Hank Williams and the Drifting Cowboys) - 1938 C.F. Martin D-28 acoustic guitar, made in - Image 14 of 18
Bob McNett (Hank Williams and the Drifting Cowboys) - 1938 C.F. Martin D-28 acoustic guitar, made in - Image 15 of 18
Bob McNett (Hank Williams and the Drifting Cowboys) - 1938 C.F. Martin D-28 acoustic guitar, made in - Image 16 of 18
Bob McNett (Hank Williams and the Drifting Cowboys) - 1938 C.F. Martin D-28 acoustic guitar, made in - Image 17 of 18
Bob McNett (Hank Williams and the Drifting Cowboys) - 1938 C.F. Martin D-28 acoustic guitar, made in - Image 18 of 18
Auctioneer has chosen not to publish the price of this lot
Corsham

Bob McNett (Hank Williams and the Drifting Cowboys) - 1938 C.F. Martin D-28 acoustic guitar, made in USA, ser. no. 69676; Back and sides: Brazilian rosewood, cleated hairline repairs, refinished; Top: replacement spruce top with herringbone banding; Neck: mahogany, reset and refinished; Fretboard: replacement ebony board; Frets: good; Hardware: good, replacement bridge. Case: 1980s Martin hard case; Overall condition: good *Formerly owned by Bob McNett, guitarist of choice for Hank Williams' backing band 'The Drifting Cowboys' Purchased by the vendor on the 16th February 1989 from Keith Sellers, founder of Hanks Guitars, Denmark Street London. Keith had previously purchased the guitar from  Curtis McPeake, one-time banjoist for Bill Monroe and the Bluegrass Boys. An email exchange between the vendor and Curtis confirms that he remembers selling a guitar for Bob McNett and although he cannot remember the exact details, suggests that it must have been this one. A 1989 Melody Maker advert shows a listing for a Martin D28 '1938 Ex Hank Williams' band', for the sum of £2250. This caught the vendor's eye and with the help of a loan looked affordable, especially considering a D28 of this vintage, in top condition would have cost around £8000 at the time, which would have been unobtainable. The vendor quickly headed to London by train to visit Keith Sellers at the back of a ladies fashion shop run by his daughter on Tottenham Court Road, where he was allowed plenty of time to sit and try out a rather beaten up but original D28. Major issues were obvious with repairs that were not to a professional standard, including a non-original bridge, many cracks to the top, heavy spruce plates glued underneath to support the top, along with cracks to the back and sides. Despite this, at the end of the viewing, the vendor thought that he was never ever again going to have the chance to buy a D28 of this era at this price, so he left a deposit on 11th February 1989, returning to pay the full balance on 16th February. Later that year, the vendor bought a 1970s Martin case from Andy's Guitars on Denmark Street, London, which the guitar now sits in. The original Melody Maker advert, along with the receipts for both the guitar and case, are included in the sale. The guitar came with a handwritten letter from Bob McNett responding to a question as to whether Hank Williams ever played this guitar. The letter states that he could not remember seeing Hank play it 'however he could have, and it's entirely possible he did... on stage shows with Hank, I played a Gibson electric, and Hank had his own Martin, so if Hank played this guitar it would have been offstage'. This provenance resulted in the vendor carrying out extensive research relating to the history of this guitar, especially with its links to Bob McNett and Hank Williams. To his delight, he found Bob's nephew Tim on the internet, who is a member of the McNett family band and recalled that Bob had once owned a 1938 D28. Later, he found a photograph for sale of Bob holding the guitar with the McClintock Sisters, which showed the D28 with a split in the lower bass side of the top, in exactly the same position as this very guitar. Conclusive proof that this guitar was Bob's came when the vendor contacted renowned historian Dick Boak of Martin Guitars with a query about a modern Custom Shop D28 that he owned. In passing, the vendor mentioned the old guitar which immediately interested Dick. Investigating the Martin company records he found a Martin repair document showing job number 8542, 17th October 1984, with serial number 69676 and the owner's name being Bob McNett. A scan of this ledger is included in the sale. Dick also informed the vendor that this guitar's serial number was stamped on the 8th March 1938 and cleared for final inspection on the 17th August the same year. As time went on, the vendor found the playability of the guitar started to become an issue. He had to make a decision as to whether he would sell the guitar or get it repaired. On the basis that the guitar had already had many repairs, some not so good, he decided on the latter. Two first class luthiers carried out the extensive work that was needed. Well known UK guitar builder and official Martin repairer Dave King examined the guitar and concluded that a replacement top would be the best way to go. All the body cracks could be dealt with properly on removal of the old top. His workmanship on the new top is impeccable and tonally matches. The cracks in the back and ribs are neatly repaired using carefully shaped small rosewood cleats and the hide glue which had at some time been liberally pasted over the inside has also been removed, resulting in a much improved look. A friend of the vendor, expert luthier and professional guitarist Steven Hicks reset the neck, mindful of the vendors requirement for a low action and light gauge strings. He also refinished the guitar body and neck using nitrocellulose lacquer. The face of the head was left alone in order to leave the original Martin Company decal untouched. As much as possible of the guitar from the time the vendor purchased it has been refitted, including the original tuners, and the non factory pickguard. The bridge pins and saddle have also been reused. The binding to the body top is new as is the herringbone trim. The original binding to the back has been left in place as there was no need to remove it. The original damaged top of the guitar was sent to Dick Boak for the Martin Company to keep in their archives. Emails between Dick and the vendor, along with a receipt from Dave King Acoustics, are included in the sale. Two insurance appraisals are included with the instrument. The first dated 29th November 2008 by Mandolin Brothers, along with another from George Gruhn dated 18th February 2020. In summary, documentation sold with this guitar includes: the original cutting from Melody Maker magazine advertising this guitar for sale, along with receipts relating to the sale; a handwritten letter from Bob McNett; an email exchange between the vendor and Curtis McPeake, who sold the guitar to Keith Sellers on behalf of Bob McNett; an email between the vendor and Tim McNett (Bob's nephew), discussing the guitar, along with a photograph showing Bob with the D28; a Dave King Acoustics receipt for the replacement top and fretboard; correspondence between Dick Boak and the vendor discussing the guitar including a scan from the Martin repair ledgers listing the guitar and matching serial number against Bob's name; various photographs of the guitar as it came from Keith before any restoration took place including photographs of the original top that was later sent to Dick Boak for the Martin company archives; an insurance appraisal from Mandolin Brothers dated 29th November 2008; an insurance valuation from Gruhn Guitars dated 18th February 2020; a copy of 'Acoustic Guitarist' that features an article on Hank's at its Tottenham Court Road address; an autumn 2023 issue number 103 copy of British Bluegrass News where the guitar and its story features on page 18; a vinyl record of Hank Williams and The Drifting Cowboys, the album cover showing Bob McNett alongside Hank Williams - the latter holding his iconic 1941 Martin D28. Pre-war Martin Dreadnoughts are some of the most sought-after and valuable acoustics on the vintage market, commanding six figure (US) sums when in good original condition. Hank Williams was an American singer-songwriter. He is regarded as one of the most significant and influential American singers and songwriters of the 20th century. His iconic 1941 Martin D-28 now resides in the collection of Neil Young. 

Bob McNett (Hank Williams and the Drifting Cowboys) - 1938 C.F. Martin D-28 acoustic guitar, made in USA, ser. no. 69676; Back and sides: Brazilian rosewood, cleated hairline repairs, refinished; Top: replacement spruce top with herringbone banding; Neck: mahogany, reset and refinished; Fretboard: replacement ebony board; Frets: good; Hardware: good, replacement bridge. Case: 1980s Martin hard case; Overall condition: good *Formerly owned by Bob McNett, guitarist of choice for Hank Williams' backing band 'The Drifting Cowboys' Purchased by the vendor on the 16th February 1989 from Keith Sellers, founder of Hanks Guitars, Denmark Street London. Keith had previously purchased the guitar from  Curtis McPeake, one-time banjoist for Bill Monroe and the Bluegrass Boys. An email exchange between the vendor and Curtis confirms that he remembers selling a guitar for Bob McNett and although he cannot remember the exact details, suggests that it must have been this one. A 1989 Melody Maker advert shows a listing for a Martin D28 '1938 Ex Hank Williams' band', for the sum of £2250. This caught the vendor's eye and with the help of a loan looked affordable, especially considering a D28 of this vintage, in top condition would have cost around £8000 at the time, which would have been unobtainable. The vendor quickly headed to London by train to visit Keith Sellers at the back of a ladies fashion shop run by his daughter on Tottenham Court Road, where he was allowed plenty of time to sit and try out a rather beaten up but original D28. Major issues were obvious with repairs that were not to a professional standard, including a non-original bridge, many cracks to the top, heavy spruce plates glued underneath to support the top, along with cracks to the back and sides. Despite this, at the end of the viewing, the vendor thought that he was never ever again going to have the chance to buy a D28 of this era at this price, so he left a deposit on 11th February 1989, returning to pay the full balance on 16th February. Later that year, the vendor bought a 1970s Martin case from Andy's Guitars on Denmark Street, London, which the guitar now sits in. The original Melody Maker advert, along with the receipts for both the guitar and case, are included in the sale. The guitar came with a handwritten letter from Bob McNett responding to a question as to whether Hank Williams ever played this guitar. The letter states that he could not remember seeing Hank play it 'however he could have, and it's entirely possible he did... on stage shows with Hank, I played a Gibson electric, and Hank had his own Martin, so if Hank played this guitar it would have been offstage'. This provenance resulted in the vendor carrying out extensive research relating to the history of this guitar, especially with its links to Bob McNett and Hank Williams. To his delight, he found Bob's nephew Tim on the internet, who is a member of the McNett family band and recalled that Bob had once owned a 1938 D28. Later, he found a photograph for sale of Bob holding the guitar with the McClintock Sisters, which showed the D28 with a split in the lower bass side of the top, in exactly the same position as this very guitar. Conclusive proof that this guitar was Bob's came when the vendor contacted renowned historian Dick Boak of Martin Guitars with a query about a modern Custom Shop D28 that he owned. In passing, the vendor mentioned the old guitar which immediately interested Dick. Investigating the Martin company records he found a Martin repair document showing job number 8542, 17th October 1984, with serial number 69676 and the owner's name being Bob McNett. A scan of this ledger is included in the sale. Dick also informed the vendor that this guitar's serial number was stamped on the 8th March 1938 and cleared for final inspection on the 17th August the same year. As time went on, the vendor found the playability of the guitar started to become an issue. He had to make a decision as to whether he would sell the guitar or get it repaired. On the basis that the guitar had already had many repairs, some not so good, he decided on the latter. Two first class luthiers carried out the extensive work that was needed. Well known UK guitar builder and official Martin repairer Dave King examined the guitar and concluded that a replacement top would be the best way to go. All the body cracks could be dealt with properly on removal of the old top. His workmanship on the new top is impeccable and tonally matches. The cracks in the back and ribs are neatly repaired using carefully shaped small rosewood cleats and the hide glue which had at some time been liberally pasted over the inside has also been removed, resulting in a much improved look. A friend of the vendor, expert luthier and professional guitarist Steven Hicks reset the neck, mindful of the vendors requirement for a low action and light gauge strings. He also refinished the guitar body and neck using nitrocellulose lacquer. The face of the head was left alone in order to leave the original Martin Company decal untouched. As much as possible of the guitar from the time the vendor purchased it has been refitted, including the original tuners, and the non factory pickguard. The bridge pins and saddle have also been reused. The binding to the body top is new as is the herringbone trim. The original binding to the back has been left in place as there was no need to remove it. The original damaged top of the guitar was sent to Dick Boak for the Martin Company to keep in their archives. Emails between Dick and the vendor, along with a receipt from Dave King Acoustics, are included in the sale. Two insurance appraisals are included with the instrument. The first dated 29th November 2008 by Mandolin Brothers, along with another from George Gruhn dated 18th February 2020. In summary, documentation sold with this guitar includes: the original cutting from Melody Maker magazine advertising this guitar for sale, along with receipts relating to the sale; a handwritten letter from Bob McNett; an email exchange between the vendor and Curtis McPeake, who sold the guitar to Keith Sellers on behalf of Bob McNett; an email between the vendor and Tim McNett (Bob's nephew), discussing the guitar, along with a photograph showing Bob with the D28; a Dave King Acoustics receipt for the replacement top and fretboard; correspondence between Dick Boak and the vendor discussing the guitar including a scan from the Martin repair ledgers listing the guitar and matching serial number against Bob's name; various photographs of the guitar as it came from Keith before any restoration took place including photographs of the original top that was later sent to Dick Boak for the Martin company archives; an insurance appraisal from Mandolin Brothers dated 29th November 2008; an insurance valuation from Gruhn Guitars dated 18th February 2020; a copy of 'Acoustic Guitarist' that features an article on Hank's at its Tottenham Court Road address; an autumn 2023 issue number 103 copy of British Bluegrass News where the guitar and its story features on page 18; a vinyl record of Hank Williams and The Drifting Cowboys, the album cover showing Bob McNett alongside Hank Williams - the latter holding his iconic 1941 Martin D28. Pre-war Martin Dreadnoughts are some of the most sought-after and valuable acoustics on the vintage market, commanding six figure (US) sums when in good original condition. Hank Williams was an American singer-songwriter. He is regarded as one of the most significant and influential American singers and songwriters of the 20th century. His iconic 1941 Martin D-28 now resides in the collection of Neil Young. 

The Guitar Auction - Four Day Sale including the Bernie Marsden Collection

Sale Date(s)
Lots: 1-339
Lots: 351-925
Lots: 951-3141
Lots: 3201-3266
Lieu de la vente
Gardiner Holgate
9 Leafield Way
Corsham
SN13 9SW
United Kingdom

All winning bidders are responsible for arranging the collection or shipment of lots post sale. Bidders should investigate potential shipping costs before submitting any kind of bid. This particularly applies to non UK buyers. We are happy to offer advice where possible. 

CITES: Non-UK buyers should be aware of any CITES import / export implications before placing a bid and when arranging shipping. This will apply to all guitars made with an Appendix 1 listed species, for example, Brazilian rosewood. This affects all guitars that are listed as being sold with a CITES A10 certificate. Additional paperwork is required to allow export out of the UK. Please note that a CITES A10 certificate is an internal UK document that allows the commercial sale of an Appendix 1 species. A separate document must be applied for to allow for exportation outside of the UK. 

Part & Parcel UK

For buyers that do not wish to collect from our saleroom in person, our shipping partners Part and Parcel UK handle collection, packing and delivery of all lots post sale. Part & Parcel have provided us with prices for shipping guitars within the UK.

UK Mainland – Guitar: £55 plus VAT / Bass: £60 plus VAT

Prices include collection, packing and fully tracked shipping. 

Part and Parcel will also collect and deliver all other items, including amplification, memorabilia, effects units, spares, and audio equipment. Please contact Part and Parcel directly for a quote.

For further information and for non-UK shipping please contact Part & Parcel direct.

01252 545611

shipping@partandparceluk.com

PLEASE ENSURE YOU ARE AWARE OF THE POTENTIAL P&P COSTS PRIOR TO BIDDING ON AN ITEM
Larger and fragile items can only be sent through professional carriers. Gardiner Houlgate recommends the following companies and advise you to obtain several quotations. Once you have instructed a courier, please kindly inform us as to whom will be collecting on your behalf, failure to do so will result in an item not being released.

Len Speed Logistics

UK Mainland only. Door to door service. Competitive rates. Call directly for a quote.

07834 320015
https://www.lenspeedlogistics.com/
lennylenspeed@gmail.com

MBE Mail Boxes Etc. (Bath)

Tel: 01225 483777

MBE Mail Boxes Etc. (Chippenham)

Tel: 01249 446141

Part & Parcel

Tel: 01252 545611

Importantes Informations

During the sale, should any late bids come in on the ‘fall of the hammer’, the auctioneer, at his discretion may open the lot back-up making it clear to all bidders. This will apply to all bidding options and no preference is offered to any platform.
_____________________________
THE AUCTION WILL START AT 10AM ON EACH SALE DAY

Public viewing times:

Thursday 6th June 2024 09:00 - 17:00
Friday 7th June 2024 09:00 - 17:00
Monday 10th June 2024 09:00 - 17:00
Tuesday 11th June 2024 09:00 - 10:00
Wednesday 12th June 2024 09:00 - 10:00
Thursday 13th June 2024 09:00 - 10:00
Friday 14th June 2024 09:00 - 10:00

PAYMENT AND COLLECTION WITHIN 7 DAYS OF THE SALE

All lots are sold as seen and as per our conditions of sale. Comments on condition and originality in descriptions are our opinion only and not necessarily fact. Buyers that cannot view in person are encouraged to ask for a condition report and/or images before placing any kind of bid. Please do not assume that electrical items such as amplification, effects and audio are fully working. Condition reports available.

CITES - Non UK Buyers - Please be aware of CITES restrictions when importing guitars containing Brazilian Rosewood and Ivory. The presence of a CITES A10 document is for UK internal use only and does not allow legal passage outside of the UK. Please enquire for advice regarding CITES import / export before bidding.

Collection and Shipping - It is the buyers responsibility to arrange collection and shipping of any lots won in the auction. Buyers should seek shipping quotes in advance of bidding. Please see "Packing and Shipping" for further information.

ORDER OF SALE:

DAY ONE - Tuesday 11th June 2024

The Bernie Marsden Collection, Artist Associated Guitars & Equipment + Memorabilia - Lots 1 - 339

DAY TWO - Wednesday 12th June 2024

Guitars - Lots 351 - 925

DAY THREE - Thursday 13th June 2024

Guitar Amplifiers - Lots 951 - 1167
Guitar Pedals - Lots 1201 - 1361
Guitar Spares - Lots 1401 - 1472
Studio & Audio Equipment - Lots 3001 - 3141

DAY FOUR - Friday 14th June 2024

Antique & Classical Guitars - Lots 3201 - 3266
 

Conditions Générales de Ventes

Buyer's Terms & Conditions of Sale

The Auctioneer acts only as agent for the Seller (unless otherwise specifically declared). Lots sold are likely to have been subject to wear and tear caused by user or the effects of age and may therefore have faults and imperfections. Buyers are given ample opportunity at viewing times to examine lots to be sold and will be assumed to have done so. They must rely solely on their own skill or judgement as to whether lots are fit for any particular purpose.

1. Bids
All bids made shall be treated as offers made upon these Conditions of Sale and all persons present and approved to bid are admitted to a sale on the basis that they have notice of these Conditions.

1A. Internet Bidding

There are no additional surcharges when bidding via our own bidding platform 'GH Live'

We also use two other online bidding platforms via the-saleroom.com and Easylive which will be subject to additional fees. Please see their respective websites for further details and terms.

'Autobids’
As our 'Autobids' are anonymous, the auctioneer does not see your top bid.
This means that in LIVE auctions, you may well be holding the bid at one increment below your top bid.
In this event, you're winning the item at a lower price and cannot bid against yourself. This means that somebody else may have the chance steal your lot for your maximum bid.
In auction jargon, this is called being 'wrong-footed'.
To avoid this possible disappointment, we highly recommend you leave a commission bid direct with the auctioneer by contacting them direct 

2. Ascertainment of the Buyer
The Buyer shall be the person making the highest bid which is acceptable to the Auctioneer as signified by the fall of the hammer. No bid may be retracted. In the case of a dispute the Auctioneer may either declare the purchaser or put the lot up again.

3. Auctioneer’s discretion
The Auctioneer has sole discretion, (a) to refuse any bid, (b) to advance the bidding as he may decide, (c) to withdraw or divide any lot or combine one lot with another or others, (d) to exclude any person from the auction rooms, and (e) to require pre-payment in full.

3A. During the sale, should any late bids come in on the ‘fall of the hammer’, the auctioneer, at his sole discretion may open the lot back-up making it clear to all bidders. This will apply to all bidding options and no preference is offered to any platform

4. Reserves and Seller's right to bid

Lots put up for sale are subject, (a) to any reserve price imposed by the Seller, (b) the right of the Auctioneer to bid on behalf of the Seller, and (c) where no reserve has been imposed (but in no other case) for the Seller to bid personally or through any one agent. It is the responsibility of the Seller to ensure any reserves are received by the Auctioneer.

5. Buyer's duties
The Buyer shall forthwith or as soon as possible after the sale, (a) supply his name and address, (b) supply, if so required, bank or other suitable references, (c) pay the full purchase price in a way acceptable to the Auctioneer, notwithstanding any prior arrangement for advance payment required by the Auctioneer, and (d) on proof of payment clear the lots purchased by the times specified. Lots may not be cleared during the sale except by permission of the Auctioneer.


6. Liability of the auctioneer and Sellers
Subject to Condition 8: (a) faults and imperfections (if any) are not stated in the catalogue and neither the Seller nor the Auctioneer is responsible for any defects whatsoever, (b) no warranty is given or authorised to be given by the Seller or the Auctioneer with regard to any lot other than the Seller's right to sell it, (c) any express or implied conditions or warranties relating to description or quality, are hereby excluded.

7. Catalogue descriptions
Descriptive statements contained in the advertisements or catalogues or made up by the Auctioneer or any member of his staff should be taken as matters of opinion only, and shall not be taken as statement of fact.

8. Forgeries
Notwithstanding Conditions 6 and 7, if the Auctioneer receives notice in writing from the Buyer WITHIN 7 DAYS OF THE SALE that in his opinion a lot is a forgery (as defined in Condition 12) and on giving such notification the lot in question is returned to the Auctioneer at his working premises in the same condition as when bought, then if on considering such evidence as the Buyer supplies to prove his assertion, the Auctioneer decides that the lot is a forgery the sale of the lot will be rescinded and the purchase price repaid to the Buyer.

9. Property in lots and risk
The Buyer shall not become the owner of any lot, and the Auctioneer shall have a lien thereon, until the Buyer has discharged the purchase price in full together with any other charges due, but after the fall of the hammer the risk of damage or loss shall nevertheless be the Buyer's.

10. The Premium
The Buyer shall pay to the Auctioneer a premium of 20% of the hammer price together with VAT on such premium.

11. Default by Buyer
If the Buyer fails to make payment in a way acceptable to the Auctioneer or to remove any lot or lots bought by him within 7 days of the auction or in any other material respect fail to comply with these conditions, the Auctioneer shall have the right, (a) to resell the lot or lots by public auction or otherwise without notice to the Buyer, and if any deficiency arises on such resale, after deducting the Auctioneer's full costs and expenses, the Buyer shall be responsible to the Auctioneer therefore (but any net surplus to be the Seller's) or, alternatively, (b) to store the lot at the Auctioneer's premises or elsewhere and to release the lot to the Buyer only after payment in full of the purchase price together with any other charges due. The Auctioneer reserves the right to charge storage of 50p per lot per day on any lot or lots uncleared by the time specified together with any removal expenses. In addition, interest will be charged at 2.5% per month or part thereof (34.4% APR) on any accounts that remain unpaid in part or full 1 week after the sale. Interest and storage will be charged from the date of sale. In addition, the Buyer shall be liable for all legal and court costs incurred by the Auctioneers in pursuit of payment from the Buyer. The Auctioneer reserves the right to refuse any cheques and will not release lots purchased until evidence has been received that any cheque accepted has been cleared.

12. Definitions and interpretation
In these conditions: (a) Reference to the 'the Auctioneer' shall be taken to mean the firm of Gardiner Houlgate or any director, partner or employee thereof at the time of sale; (b) Buyers shall be deemed to be the principals unless to the prior knowledge of the Auctioneer they are acting as agent on behalf of a named principal; (c) 'Forgery' means a lot (i) which is so constituted as deliberately to deceive when considered in the light of its catalogue description, and (ii) whose value as such is materially less that if it had complied with the catalogue description; (d) The Interpretation Act 1978 shall apply to the general construction of terms and expressions used in these Conditions as if contained in a statute.

13. Law and Jurisdiction
These Conditions of sale are subject to English law, which shall apply to their construction as well as their effect. The Seller and Buyer agree to submit to the exclusive jurisdiction of the English courts.

Payment & Registration

BUYER REGISTRATION
For new clients wishing to register to bid at the auction photographic identification will be required in the form of either a current driving licence or passport.

ABSENTEE BIDDING
If you are unable to attend the sale you can leave a written absentee bid. The auctioneer will execute the bid on your behalf and will endeavour to purchase the lot as cheaply as possible. Telephone bids may be possible on lots estimated £500 and above at the discretion of the auctioneer. Telephone lines are limited and are offered on a 'first come first serve' basis. Full contact details are required and identification may be requested for clients not known to us.

PAYMENT DETAILS

We are pleased to accept payment by the following methods: debit card, credit cards (2% surcharge) (see below), cash to a maximum of £9000, Building Society cheque or Bankers Draft.

Cheques will be accepted when supported by a guarantee card up to the limit of the card and at the discretion of the auctioneers, unless arrangements have been made with us prior to the auction. Payment direct to bank is also accepted, please contact the office for details. We do not accept American Express.

CARD PAYMENTS - IMPORTANT NOTICE

Due to a recent rise in card fraud, we are no longer able to accept payments by credit or debit cards for 'customer not present' transactions over the 'phone, unless you are known to us. Card payments will only be accepted if they have been AVS (address matched) and 3D Secure authorised through the-saleroom.com website with a maximum transaction value of £500, at the discretion of the auctioneer.

Card payments are still accepted at the saleroom, but must be supported by 'chip and pin', under no circumstances will this method be bypassed. We apologise for any inconvenience this may cause you.

RELEASE OF GOODS

Payment and clearance should be made within 7 days after the sale. Goods will not be released until full payment has been received and a paid invoice produced. All funds paid direct to bank will be checked for clearance. For clients arranging courier or third party collection – written instruction must be received from the purchaser; identification will be requested from the courier and vehicle details will be taken, unless known to us. For security purposes our premises are monitored with 24 hour CCTV.

Smaller items can be sent at the Purchaser's risk. (Minimum fee £10, please contact the office for a personal quote). Larger and vulnerable items can only be sent through professional carriers. Gardiner Houlgate regularly instruct the following companies:

MBE Mail Boxes Etc. (Chippenham)
Tel: 01249 446141
email: info@mbechippenham.co.uk

Alban Shipping
Collections/Deliveries daily in London. Airfreight & Seafreight. Covering the UK every 7-10 days.
www.albanshipping.co.uk
email: info@albanshipping.co.uk
Tel: 01582 493099
Fax: 01582 490147

Local Carriers

A J Removals (Bath)
Tel: 07855 489121or 07775 694296

Cundick Transport (Bath)
Contact Lee Cundick
Tel: 07710 830384

John Wales Removals & Storage (Corsham)
Contact Wayne Munday
Tel/Fax: 01225 344636
Mobile: 07974 674514

See Full Terms And Conditions

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