Name of Lender:
________________________________________________________________
Address:
_______________________________________________________________________
Phone:
___________________________ Email:
_____________________________________
In accordance with the conditions printed on
the reverse, the objects listed below are borrowed for the following purpose(s)
for the period _________________________ to _________________________:
Purpose:
Description of objects (please
include size, weight, and report of condition, and insurance value for each
item; attach a recent photo if possible):
Insurance:
(see conditions on reverse)
[ ] insurance waived
[ ] to be carried by
Museum
[
] to be carried by Lender: estimated premium charge $
________________________
Packing and Shipping:
Objects to be
packed by: _____________________________________________________________
To be shipped from:
(address and contact) _______________________________________________
To arrive no later
than: (date & method of transport) _______________________________________
To be returned to above address (date &
method of transport) ________________________________
Credit Line (for exhibition label and catalog):
____________________________________________
Special Requirements for handling, installation, etc.:
CONDITIONS GOVERNING LOANS
Care, Preservation & Exhibitions
-
The Center will give to item(s) borrowed the same care as
it does comparable property of its own.
The Lender and the Center understand that all tangible objects are
subject to gradual inherent deterioration for which neither party is
responsible.
-
Evidence of damage at the time of receipt or while in the
Center’s custody will be reported immediately to the Lender.
The Lender will be requested to provide written authorization for
any alteration, restoration or repair.
The Center may examine item(s) by all scientific methods.
-
The Center retains the right to determine when, if and for
how long items borrowed will be exhibited.
The Center retains the right to cancel the loan upon reasonable
notice to the Lender.
Transportation and Packing
-
The Lender certifies that the item(s) lent are in such
condition as to withstand ordinary strains of packing and transportation
and handling. The Lender must
send to the Center a written report of the condition of the item(s) prior
to shipment. Otherwise, it
will be assumed that item(s) are received in the same condition as when
leaving the Lender’s possession. Condition
records, which may include photographs, will be made at the Center on
arrival and departure.
-
Both parties must agree upon the method of shipment. The Lender will assure that said item(s) are adequately
and securely packed for the type of shipment agreed upon.
Item(s) will be returned packed in the same or similar materials as
received unless otherwise authorized by the Lender.
Insurance
-
Item(s) will be insured for the amount specified herein by
the Center under its standard policy subject to the following standard
exclusions: wear and tear, gradual deterioration, insects, vermin or
inherent vice, conservation or restoration, hostile or warlike action,
insurrection, rebellion, etc.; nuclear reaction, nuclear radiation or
radioactive contamination. Insurance
will be placed in the amount specified by the Lender herein, which must
reflect fair market value. If
the Lender fails to indicate an amount, the Center, with the implied
concurrence of the Lender, will set a value only for purposes of insurance
for the period of the loan. Said
value cannot be construed as an appraisal.
-
If the Lender elects to maintain his own insurance
coverage, then the Center must be supplied with a certificate of insurance
naming the Center as an additional insured or waiving rights of
subrogation. Failure to
provide this certificate shall constitute a waiver of insurance by the
Lender (see No. 4 below). The
Center shall not be responsible for any error or deficiency in information
furnished by the Lender to the insurer or for any lapses in such coverage.
-
If the Lender waives insurance, this waiver shall
constitute the agreement of the Lender to release and hold harmless the
Center from any liability for damages to or loss of the loan property.
-
The amount payable by insurance secured in accordance with
this loan agreement is the sole recovery available to the Lender fro the
Center in the event of loss or damage.
Any recovery for depreciation or loss of value shall be calculated
as a percentage of the insured value specified by the Lender in the
agreement.
Reproduction and Credit
The Center may photograph or reproduce the
item(s) lent for educational, catalog and publicity purposes. Whether
individual credit lines are provide for items on exhibition or used for
publicity is at the discretion of the Center.
Changes in Ownership and/or Address
It is the responsibility of the Lender to
notify the Center in writing if there is any change in ownership of the item(s)
or if there is a change in the identity or address of the Lender. The Center assumes no responsibility to search for a Lender
or owner who cannot be reached at the address of record.
Return of Loans
-
Pursuant to Colorado Revised Statute (CRS) section
38-14-106, the Lender is herein informed of the provisions of CRS section
“38-14-103: Limitations on recovery of loaned property.
(1) Subject to the contrary terms of any written agreement, no
action may be brought for damages or the recovery of any loaned property
when: (a) Seven years have passed without written contact between the
museum and the lender and the lender’s identity or current address is
unknown to the museum; or (b) More than one hundred twenty days have
passed since a museum has given written notice of termination of a loan
pursuant to section 38-14-104 and the lender has not reclaimed the loaned
property; except that no lender shall be prejudiced in this regard for
want of reasonable cooperation from the museum holding his loaned
property.”
-
The loan terminates on the date specified on the face of
this agreement. If no date is
specified, the loan shall be for a reasonable period of time, but in no
event to exceed three years.
This agreement
shall be construed in accordance with the law of the State of Colorado.
THIS PORTION IS
SIGNED WHEN THE CENTER RECEIVES THE LOAN:
I have read and agree to the above conditions and certify that I have full
authority to enter into this agreement.
Loaned to Center
by: __________________________________________ Date: ___________
(Lender)
Loan received by:
_________________________________________
Date: ________________
(Name and title of authorized representative of Center of Southwest
Studies)
THIS PORTION IS
SIGNED WHEN THE CENTER RETURNS THE LOAN TO LENDER:
Loan received back by: ______________________________________
Date: ____________
(Lender)
Returned by:
____________________________________________
Date: ________________
(Name and title of authorized representative of Center of Southwest
Studies)
SW-14
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