| ICOM
Guidelines for Loans (1974) |
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Conscious
of the importance of the problem of insurance of cultural
property, ICOM set up a working party to study this matter
in the latter half of 1971.
The members of the working group met three times between
1972 and 1973. One of the positive results of the work of
this group were the "ICOM Guidelines for Loan Agreements"
in 1974.
1.
General
1.1. Both the Borrower and the Lender agree to abide
by the guidelines for loans as set out below, although by
mutual agreement sections of these guidelines may be added
to, waived, or modified in writing.
1.2. The Lender reserves the right to recall the
loan at any time if these guidelines are not respected,
and disclaims any liability resulting from such action.
2.
Responsibilities and expenses
2.1. The Borrower accepts the responsibility to pay,
promptly and upon demand, all agreed expenses relating to
insurance, packing, customs, transport (including the expenses
of any official who may be required to travel with the loan),
exhibition and custody arising from the loan agreement.
2.2. Where requested by the Lender, the Borrower
will accept responsibility for agreed costs incurred in
the preparation of the loan.
2.3. The Borrower will exercise due care in the custody,
handling, transport, unpacking, and repacking of the loan.
2.4. The Borrower, upon unpacking, will acknowledge
immediately the receipt of the loans.
3.
Condition reports
3.1. The Lender will prepare a condition report before
packing and, where possible, will provide the borrower with
full documentation.
3.2. The condition report will specify any required
environmental and travel conditions for the loan, with full
regard to the media of the work as well as to its physical
condition.
3.3. The condition report will be forwarded to the
Borrower prior to the removal of the loan so that he may
satisfy himself that no undue risks are being accepted.
Additional copies of the condition report will travel with
the loan.
3.4. On receiving the loan the Borrower will check
the condition report and return one copy to the Lender within
forty-eight hours of unpacking, noting any changes in the
condition of the loan. The same procedure will be adopted
on any occasion when the loan is transferred to another
institution.
3.5. Any evident changes in the condition of the
loan, either in transit or during exhibition, will be reported
immediately to the Lender.
3.6. Should the Lender consider that the loan should
be examined by himself or an officer of the lending museum
or its agent, then the expenses incurred with such an examination
shall be borne by the Borrower.
4.
Insurance
4.1. The Borrower agrees to provide or pay for insurance,
or provide an indemnity, acceptable to the Lender.
4.2. The insurance or indemnity shall be "nail to
nail", i.e. covering the loan from the time when it is removed
from its location prior to its shipment to the Borrower,
and until returned directly to the location specified in
the Certificate of Insurance or Indemnity.
4.3. In the event of total loss the policy or indemnity
agreement should provide for coverage of the declared value
as specified in the certificate of Insurance or Indemnity.
4.4. In the event of partial loss or damage the policy
or indemnity should provide for the cost of replacing or
repairing the loan so damaged, and depreciation.
4.5. The policy may provide a waiver of subrogation
against the borrower.
4.6. When the Borrower provides the Insurance or
indemnity he shall submit evidence to the Lender for approval
by him prior to the removal of the loan.
4.7. If the Lender elects to arrange his own insurance
cover, he will on demand submit to the Borrower evidence
of insurance.
5.
Customs formalities
5.1. Customs formalities should be cleared by the
Lender at the premises of final packing, before despatch.
The Borrower is responsible for making every effort to ensure
that customs examination is made only on his premises on
arrival. No loan should be unpacked for examination at any
point on the journey, and the same procedure should apply
in reverse for the return of the loan.
6.
Packing
6.1. The lender shall prepare the loan shipment in
packing considered to be safe and adequate for the purpose,
and reserves the right to appoint his own packing agent
should it be deemed necessary. The Borrower reserves the
right to examine the packing before despatch takes place.
6.2. On return, the loan shall be packed in exactly
the same way as received and with the same cases, packages,
pads, and other furnishings when possible, unless a change
is specifically authorized by the Lender. All packing materials
should be stored during the loan period in a place fully
conditioned to the same temperature and relative humidity
levels as those under which the loan itself is stored or
displayed.
7.
Transport
7.1. The Borrower and the Lender shall mutually agree
to the transport arrangements. The Lender reserves the right
to specify the transport programme to be employed and to
object to a specific contractor without stating his reasons.
The vehicles and other equipment used for handling should
be suitable for the specialized work involved, and where
necessary they are to be fitted with approved security devices.
7.2. Both parties are responsible for ensuring that
movement of the loan through ports of entry and exit are
effected with speed and efficiency.
8.
Escorts
8.1. When the Lender specifies that the loan be accompanied
by a courier or escort, he may reserve the right of nomination.
8.2. Escorts should be experienced museum officials
familiar with the modern packing and transport methods employed.
8.3. The escort will personally witness and oversee
packing and unpacking, loading and unloading of the loan,
and any transfer between different forms of transport.
9.
Physical environment
9.1. The Borrower undertakes to maintain constant
and adequate protection of the loan from the hazards of
fire and flood, exposure to excessive light levels or harmful
radiations, extremes of temperature and relative humidity,
insect attack and pollution. The Borrower will also notify
the Lender of any unusual environmental exposure.
9.2. The Lender reserves the right to define specific
conditions relating to item 9.1 above, and to require that
the Borrower undertake to maintain environmental conditions
within pre-agreed limits. (Note: Icom recommends that light
sensitive loans should not be exposed to direct sunlight.
Moderately light sensitive loans should only be exposed
to ultra-violet filtered light at intensity levels not exceeding
150 lux, and for very light sensitive loans, not exceeding
50 lux. Relative humidity in normal circumstances should
be maintained at 54±4 per cent).
10.
Security
10.1. The Borrower must undertake to maintain constant
and adequate protection of the loan to minimize the risk
of theft or damage. The Lender may agree to the employment
of a security system relying upon electronic devices either
alone or in conjunction with physical invigilation.
10.2. The Lender or his authorized agent retains
the right to inspect all environmental and security precautions
during the period of the loan without prior warning.
10.3. The Borrower agrees that the loan will not
in any way be treated, cleaned, repaired, remounted, reset
or submitted to any scientific examination except when such
an action has been specifically authorized by the Lender,
or is undertaken for the loan's immediate protection consequent
to a mishap (see also para. 3.5).
11.
Photography and reproduction
11.1. The loan must not be individually photographed,
filmed, televised, or reproduced, without the prior consent
of the Lender, although there is no objection to general
views of an exhibition being taken for press and publicity
purposes.
11.2. In the case of the Lender agreeing to the loan
being filmed, photographed or televised, the Borrower will
ensure that:
(a) Lamps are not placed closer than 2 metres from the loan.
(b) The lamps used do not raise the surface temperature
of the loan more than 3°C above room temperature.
(c) The loan is not touched or moved, except by the qualified
employees of the Borrower.
11.3. In the case of the Lender agreeing to photographic
reproduction of the loan, the Borrower will ensure that
the ownership of the loan is indicated in such a form as
the Lender may direct.
11.4. It is the responsibility of the Borrower to
acquaint himself with any copyright ownership which may
apply to the loan and to take the legally required action
in the event of the loan being reproduced.
Published
in ICOM News, vol. 27, nos. 3/4, 1974. ©
ICOM
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Governing
Bodies
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