Incoming Loan Agreement

Transcription

1 Incoming Loan Agreement Date: Loan #: Lender: Name: Institution: Address: City/Sate/Zip: Phone: Fax: Loan Period: From: To: Date Returned: Reason for Loan: Research Publication Exhibit Education Other Credit Line: Insurance: Total Value: Carrier: NMHFM Lender Certificate of Insurance required: Yes No Shipping: Objects Condition: Delivery via Paid by Incoming condition: By: Damage, instability, or evidence of infestation requires further examination by a conservator Condition Report required: Yes No Environmental requirements requested: Yes No THE SHOWCASE OF AMERICAN MINING 120 West 9 th Street Leadville, Colorado Phone: (719) Fax: (719) A FEDERALLY CHARTERED NON-PROFIT ORGANIZATION AND 501 (C) (3) CORPORATION

2 Object(s) NMHFM Conditions 1) All borrowed material must be legally owned by the lender. 2) No incoming loan materials will be left on the NMHF&M s premises without a completed Receipt of Deposit indicating its status as a potential loan. 3) An incoming loan file must be made and should include the dates of the loan, the lender s name, a summary of the object(s) lent, and a copy of the original Receipt of Deposit, Loan Agreement, Condition Report, photograph, and any other related materials. 4) All incoming loan items will be assigned a unique loan number in the collections database; and a temporary tag or marking will be attached to the artifact or specimen making it possible to track the movements of such objects. 5) Loans are accepted for assigned periods only (no open-ended loans). 6) Should an object on loan be offered for donation to the permanent collection, it must undergo the formal accession process. 7) The lender agrees to notify the NMHF&M in writing of any address change or ownership change. 8) Loaned objects will be returned to the owner no later than the final date of the loan period specified on the Loan Agreement unless written permission has been granted by the lender for an extension of the loan. 9) If the owner fails to take possession of a loaned object more than one hundred twenty days after written notice of termination of the incoming Loan Agreement has been received, then no action may be brought for damages or the recovery of the loaned object. 10) If after a reasonable effort through no fault of its own, the NMHF&M is unable to contact the owner following the expiration of the Loan Agreement, it will have the right to store the objects at the owner s expense. If unclaimed after seven years, in consideration of storage, insurance and safeguarding for that period of time, the loaned objects shall be deemed an unrestricted and irrevocable gift to the NMHF&M.

3 The undersigned is an authorized agent of the lender. Signature acknowledges that the lender is aware of the Colorado Revised Statute regarding loans to museums (C.R.S to ) and that they accept the conditions listed on this form. Objects acknowledged as received in good condition except for: Lender Signature: Date: Lender Name/Title (please print): NMHFM Curator: Date:

4 Colorado Revised Statutes *** This document reflects changes current through all laws passed at the First Regular Session of the Sixty-Ninth General Assembly of the State of Colorado (2013) *** C.R.S (2013) Legislative declaration Title 38. Property Real and Personal Loaned Property Article 14. Loans to Museums The general assembly hereby finds and declares that the growth and maintenance of museum collections, both public and private, is a matter of general public interest to the citizens of Colorado. Because museums of all kinds depend upon loans of various articles of property to augment their collections and because uncertainty regarding title to and responsibility for loaned property is a hindrance to museums in their efforts to maintain, repair, and dispose of property in their possession, it is the purpose of this article to fairly and reasonably allocate responsibilities and to provide rules for the determination of title and financial responsibilities in certain cases Definitions As used in this article, unless the context otherwise requires: (1) Loaned Property means any property accepted by a museum which is not accompanied by a transfer of title. (2) Museum means a nonprofit or public institution which is organized and operated primarily for the purpose of collection, cataloging, exhibiting, or archiving objects of educational, scientific, historical, or aesthetic interest and the collection of which is generally open to the public. The term includes, without limitation, historical societies, parks, monuments, and libraries. (3) Owner and lender mean the actual owner of loaned property or his duly authorized agent, trustee, conservator, custodian, heir, or fiduciary, whether an individual, association, trust, partnership, corporation, or any similar organization capable of having an interest in property. (4) Property means all tangible objects, animate and inanimate, collected or maintained by a museum for educational, historic, or exhibition purposes 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

5 (b) More than one hundred twenty days have passed since a museum has given written notice of termination of a loan pursuant to section 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 Termination of loans by museums (1) A museum may give written notice of termination of a loan at any time after the expiration of a loan made for a specified period or at any time if the loan is for an indefinite period. Any loan not evidenced by a writing stating the term of the loan and signed by the lender shall be deemed a loan for an indefinite period. (2) Notice given under this section shall contain: (a) A description of the loaned property sufficient to identify it; (b) The last-known name and address of the lender; (c) The date of the loan or the date the loaned property was accepted by the museum if the loan was not evidenced by a writing; (d) The name, address, and telephone number of the appropriate officer or official at the museum to be contacted regarding the loan; (e) A statement referring the lender to this article and informing him that failure to reclaim his loaned property within one hundred twenty days shall result in the loss of all rights in said property Manner of giving notice The notice required in section (1) (b) shall be sufficient when mailed by certified mail, return receipt requested, delivery restricted to owner as defined in section (3), to the last-known address of the lender as reflected in the records of the museum Notice upon accepting loaned property On and after July 1, 1988, when a museum accepts loaned property or receives written notice of a change in ownership of loaned property, the museum shall inform the lender or new lender within thirty days, in writing, of the provisions of section Where notice is not given in accordance with this section, the provisions of section (1) (b) shall not apply Responsibilities of owners of loaned property In all cases it shall be the responsibility of the owner of loaned property to notify the museum in writing of his identity and current address. It shall be the responsibility of any new owner acquiring loaned property to notify the museum within sixty days of his name and address. Any owner of loaned property shall, upon request from

6 a museum holding loaned property, promptly provide evidence of ownership satisfactory to the museum. This section shall apply to all changes in ownership, whether by sale, gift, devise, operation of law, or any other means. So long as a museum deals honestly and in good faith, no museum shall be prejudiced by reason of any failure to deal with the true owner of any loaned property if the owner has failed to comply with the requirements of this section Museum s lien for expenses When the lender of loaned property is unknown, a museum shall have a lien against the value of specific loaned property for expenses reasonably necessary to protect the loaned property from ordinary decay and deterioration due to natural cause, from theft, or from vandalism Representations as to ownership A museum shall not be liable for actions taken in reasonable reliance upon the representations of one who first transfers an item of property to the museum that he is the true owner of the loaned property Disputed ownership In cases of disputed ownership of loaned property, a museum shall not be held liable for its refusal to surrender loaned property in its possession except upon a court order or judgment Title of property purchased from museum When a museum which acquired title to loaned pursuant to section sells said property, the purchaser shall acquire good title free of all claims and defenses Property not to escheat Loaned property in the possession of a museum at the time of the owner s death which would otherwise escheat to the state under section or , C.R.S., shall not so escheat but shall become the property of the museum to which it is then loaned.