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Conditions of Outward Loan

Last updated: 6 October 2015

1. Loan and Documentation

  1. The Council of the National Army Museum, hereinafter referred to solely as NAM, agrees to lend the Borrower the object(s) listed above for display at the Borrowing Venue listed above for the duration of the dates listed above. The object(s) will be returned to NAM at the end of this period. In the case of long-term loans, this agreement shall be considered for renewal at the end of this period.
  2. NAM reserves the right to withdraw or cancel the loan at any time, but will not normally do so unless the Borrower has failed to comply with the Conditions of Loan. NAM will endeavour to give a notice period of three months, unless the object(s) are deemed to be at immediate risk.
  3. Under no circumstances may the Borrower transfer the loan to any other person or organisation, unless instructed to do so in writing by NAM. Neither may loans be displayed or stored at any other premises other than as stated above.
  4. NAM reserves the right to inspect security and environmental conditions at the Borrower's premises at any time before or during the loan. In the case of long-term loans, periodic inspections may be made.
  5. All documentation relating to the loan will be written in English and be valid at the date of issue. NAM reserves the right to vary the Conditions of Loan at any time; when this is during the period of a loan, the Borrower will be given due notice.
  6. The Borrower will provide to NAM, at least four months before the loan is due to be shipped, current and completed versions of
    • the UKRG Facilities Report
    • the UKRG Facilities Report (Security Supplement)
    • the UKRG Facilities Report (Display Case Supplement) (where applicable)

    in respect of their venue. For overseas Borrowers, the American Association of Museums General Facility Report is also acceptable.

2. Costs

  1. The Borrower will pay all expenses relating to the loan. This includes insurance, crating, transport, framing, glazing, mounting/mount-making, the preparation of condition reports, Customs clearance, and any other costs incurred in preparing the object(s) for loan.
  2. The Borrower will pay for the travelling expenses, accommodation and subsistence of couriers from NAM, on the occasions that they are required.
    • For international loans: The Borrower will arrange and pay for the courier's transport and accommodation. The Borrower will provide a cash per diem to the equivalent of £50 per day in local currency in respect of the daily living expenses of the courier, for all days of their trip including travel days. When travelling with objects, or for flights of over four hours, business class transport will be booked.
    • For UK loans: The Borrower will arrange and pay for the courier's transport and accommodation. The Borrower will reimburse NAM for the value of any reasonable expenses claimed by the Courier in respect of their daily living expenses, for all days of their trip including travel days.
  3. In respect of the preparation of the object(s) for loan, the Borrower will be responsible for reimbursing NAM any costs detailed in Part D above.
  4. If the loan is cancelled by the Borrower at any point before installation takes place, the Borrower shall be responsible for any costs incurred by NAM in preparing the object(s) for the loan.
  5. In the case of international loans, the NAM reserves the right to charge an administration fee, which shall be detailed here in Part D above.

3. Environmental and Conservation Requirements

  1. The Borrower is required to provide constant protection and monitoring of the loan from the risks of fire and flood, exposure to excessive light levels and harmful substances, extremes of temperature and relative humidity, insect attack and pollution. NAM should be informed of any significant changes in environmental conditions or insect/pest attacks in the area in which objects are displayed.
  2. UV radiation in the display area should be as close to 0 (zero) microwatts per lumen as possible, and never above 75 microwatts per lumen, achieved by filtering of both fluorescent light and daylight. At no point should the object(s) be exposed to direct sunlight. Lights, except the minimum required for security purposes, should be switched off when the display area is closed to the public.
  3. The Borrower will maintain a stable environment for all objects.
    • Relative Humidity: 40%-55%, max variation ±5% per day.
    • Temperature: 16-20 degrees Celsius, max variation ±2 degrees per day.
    • NAM reserves the right to set different conditions for some sensitive objects, with the prior agreement of the Borrower.
    • The Borrower must immediately notify the named contact at NAM in the event of any unusual circumstances.
  4. Temperature and humidity controls, if present, should operate and be monitored 24 hours per day throughout the period of the loan.
  5. Loans must never be placed in close proximity to sources of heat or to cold or strong air-currents. For example, they must not be placed near radiators or where there is heat from lighting units.
  6. Loans will usually only be handled by NAM staff. When NAM has decided not to send a courier, loans must only be handled by trained staff who are experienced in the care, movement and display of museum objects. Gloves should be worn where appropriate.
  7. At no time must the object(s) be removed from display, unframed, conserved, dismantled, dusted, cleaned or otherwise interfered with in any way, including being worn or used, except with the prior written permission of NAM. Where permission has been given, cleaning of glass/Perspex protecting paintings or works on paper must only be undertaken by curatorial or conservation staff using appropriate materials.
  8. Installation may not take place while areas of the exhibition are still under construction. Seventy-two hours must be allowed to pass before installation after any painting, varnishing or gluing of the exhibition area (e.g. walls, case exteriors) has taken place, to mitigate against risks from off-gassing. If an object is to be displayed in a case, the interior of the case (including interior shell, back-boards, bases, plinths, etc.) must be constructed of inert materials such as zero-formaldehyde MDF and an approved water-based paint. Oil-based paints must not be used. The interior of the case must not be painted or varnished less than three weeks before the installation of the objects, to allow for sufficient off-gassing and hardening.
  9. Object(s) not being displayed in cases, including unglazed paintings, must be protected behind suitable barriers. Details of the barriers must be agreed with NAM well in advance of the loan.
  10. If object(s) are installed in a display case, the case must not be opened or the object(s) moved after installation has taken place, except with the express prior permission of the named contact at NAM.
  11. Smoking is not to be permitted in display areas. Food and drink must not be allowed in the display area, unless otherwise agreed with NAM in writing, in exceptional circumstances only.
  12. The Borrower must report any evident change in the condition of the loan immediately to the named contact at NAM.

4. Security

  1. The Borrower agrees to safeguard the object(s) under the best possible security conditions during the entire time they are on the Borrower's premises.
  2. The Borrower must provide, in the UKRG Facilities Report (Security Supplement) as per Clause 1.6 above, a description of their intruder-detection alarm systems and fire-detection systems. Unless otherwise agreed in advance with NAM, the alarm systems should be connected by a monitored signalling device to an alarm receiving centre or the emergency services or be monitored 24-hours-a-day by the Borrower's own security personnel. The systems must be maintained in good working condition.
  3. The area in which the object(s) are displayed must be patrolled at regular intervals during opening hours.
  4. When display cases are used, the glass should be laminated, usually 11.5mm thick and must conform to the current European standards (BS EN356:2000 P4A and BS5544). It must be lockable and dust-proof. An air exchange rate of one air change per day or less would be expected.
  5. Paintings should be fixed securely to the wall using a standard method agreed in advance between NAM and the Borrower. Small paintings should be attached with four mirror plates and security screws. Any additional protective measures stipulated by NAM in advance must be provided by the Borrower.
  6. The Borrower must report any breach of security at the venue immediately to the named contact at NAM.

5. Insurance

    1. When the Borrower is a UK National, the usual arrangements shall apply, as suggested at Section 6.4j of the GIS Guidelines for National Museums. Therefore NAM shall bear the risk of total loss, and the borrowing National shall bear the risk of the cost of repairs in the event of repairable damage.
    2. When the Borrower is a UK Non-National museum, a non-MOD-funded regimental museum or an overseas venue, the Borrower will provide, well in advance of the start of the loan, details of an appropriate fine art insurance policy which is acceptable to NAM. This will be detailed here in Part C above.
      • The cover will be 'all risks', 'nail-to-nail' fine art insurance, for the full value of the object(s) as stated in this document.
      • The policy must name 'The Council of the National Army Museum' as the loss payee in the event of any claim, and allow for the right of the Council to 'buy back' any damaged item.
      • Where the object forms part of a pair or set, the policy will cover any reduction in value of the remaining or undamaged part.
      • Liability passes to the Borrower from the first action of removal of the loan from NAM's site and ceases upon the final action of the return of the loan to NAM.
      • As a National museum, NAM is not eligible to accept UK GIS in lieu of insurance.
      • If the Borrower is unable to provide suitable cover, a policy will be arranged by NAM at the Borrower's expense.
    3. When the Borrower is an MOD-funded museum including the other Principal Museums of the Armed Forces i.e: the RAF Museum, the National Museum of the Royal Navy or the regimental and corps museums, NAM shall bear all risks, and insurance will not be requested.
  1. The valuations of objects will be as stated in the object list above. Should the market valuation change dramatically during the course of the loan, NAM reserves the right to increase the valuation and insurance cover required.

6. Transport and Packing

  1. All transport arrangements will be made by the Borrower and must be approved well in advance by the named contact at NAM. This should usually be undertaken by a specialist art transport agent. NAM reserves the right to veto the Borrower's choice of transport agent and to specify the transport agent and conditions for the transport of the loan.
  2. Methods of packing will be specified by NAM staff and will usually comprise
    • Acid-free boxes and tissue or plastazote for 3D items within the UK
    • Soft-wrapping for framed works on paper within the UK
    • Travel-frames (T-frames) for oil paintings within the UK
    • Full wooden flight crates for any items travelling outside the UK.

    NAM reserves the right to modify these methods as appropriate.

  3. Objects will usually be packed on site at NAM's main site in London or the NAM store. NAM staff will endeavour to pack all objects, though assistance may sometimes be requested from the shipping agent. The packing of all outgoing objects must be approved by NAM's Conservator before leaving the building.
  4. A courier who is the official representative of NAM will sometimes be required to accompany the loan in transit, or to attend at the venue for installation/deinstallation. The duty of the courier is to supervise all stages of transport (where applicable), movement and handling of the loan in accordance with the Conditions of Loan. The courier will have the right to withdraw NAM objects from the exhibition at the point of installation if any concerns about the safety or security of those objects is not suitably addressed.
  5. Loans travelling by road must be carried in a suitably equipped and secure vehicle. For all but very short journeys, vehicles should be climate controlled to prevent extremes of heat and humidity. Vehicles will usually be fitted with air-ride suspensions, and must always be so for fragile objects such as pastel drawings and oil paintings. The loaded vehicle must never be left unattended and there should be two drivers/handlers. They should have a means of communication with them at all times.
  6. Transit should always be door-to-door, except in the case of loans travelling by air, which will originate from the shipper's warehouse. Overnight stops for road journeys should be avoided, but where necessary the vehicle must be housed securely with a security company, approved shipping agent, the Police or another museum, with the prior agreement of NAM.
  7. In the case of international loans, Customs procedures are the responsibility of the Borrower; NAM will provide all necessary information in a timely and accurate manner. The Borrower should make all efforts to avoid a customs inspection. When it is unavoidable, the inspection should be made once objects have arrived at the venue, not whilst in transit.
  8. A condition report prepared by NAM will be packed with the object(s). An appropriate member of staff at the venue should complete the form, along with the NAM courier if present, during the installation process, and inform NAM if there has been any change. The report should be packed with the object on its return to NAM.
  9. The Borrower will make formal acknowledgement of the receipt of the loan by signing NAM's Exit Form.
  10. All packing materials, boxes and crates should be safely retained in a dry, clean location by the venue for repacking at the end of the display period. Objects should be returned to NAM packed as they were for their outbound transport.

7. Photography, Filming and Press

  1. The Borrower will liaise with NAM's Picture Library to obtain files and relevant permissions for any photographic reproductions of NAM collection objects in the exhibition catalogue, press or TV publicity, exhibition website or educational use. All such use should be in support of the exhibition and not for commercial use. Usage fees may apply. Crediting and copyright should be as agreed with the Picture Library.
  2. Borrowers are requested to liaise with the NAM contact to ascertain whether a copy of the exhibition publication is required for the NAM library.
  3. Objects may be photographed or filmed, as featured objects, on the Borrower's premises for press and TV publicity for the exhibition on the following conditions:
    • NAM Marketing and Communications Team have been informed of the filming, through the main NAM contact
    • The object(s) are not touched or moved
    • A member of collections staff, preferably a curator or conservator, should closely supervise at all times.

    NAM do not need to be informed if objects are appearing in the background of photographs or film pieces.

  4. Photography of NAM objects by the general public is permitted for their own personal use only, and not for publication. The Borrower should ensure that they do not cross barriers or otherwise endanger the object.

8. Vehicles and Artillery

  1. In the case of vehicles, artillery pieces and other large items, NAM makes no claims and grants no warranty about their suitability or fitness for any purpose. They shall not be run without the express prior written permission of NAM. In such instances, the Borrower shall be responsible for any statutory insurance for public liability.

9. Credit Line

  1. NAM must be credited on the object caption and in any publications to the effect that the object(s) are lent by the Council of the National Army Museum, London. The Borrower will endeavour to ensure that NAM is credited in all press publicity, if the object(s) on loan are featured.

10. Emergencies

  1. The Borrower will have an Emergency Plan in operation and staff who are trained to implement it.
  2. If a loan is damaged or stolen, the Borrower will inform NAM immediately, via the named contact if during working hours, or the Emergency Contacts on the first page of this document if outside working hours. A written report must be sent within 48 hours.

11. Force Majeure

  1. Neither party shall be liable to the other by reason of any failure or delay in performing its obligations under this agreement which is due to Force Majeure, where there is no practicable means available to the party concerned to avoid such failure or delay. The term 'force majeure' shall mean acts of God, wars, insurrections, riots, epidemics, fires, storms, lightning, earthquake, flood, civil disturbances, terrorism, legislation and any other cause not within the control of the affected Party.

12. Borrower's General Covenants

  1. The Borrower agrees that it shall ensure that objects qualify for immunity or exemption from seizure under any relevant State statutes or laws providing for such, and that all conditions required of it in relation to such statues or law have been or shall be met.
  2. The Borrower warrants that it has no reasonable cause to believe that any object to be displayed in the exhibition has been stolen, illegally imported or illegally exported from its country of origin as defined by the UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property, adopted on 14th November 1970.

13. Waiver

  1. The termination of the Agreement, for whatever reason, shall not prejudice or affect the rights and remedies of either Party against the other in respect of any antecedent breach of the Agreement.

14. The Agreement

  1. This Agreement constitutes the entire Agreement between the Parties and supersedes all agreements, representations and proposals made.
  2. The parties may agree to vary or amend the conditions of this Agreement and any such variation or amendment shall be agreed in writing and such variations shall be deemed to be included and form part of this Agreement.
  3. The period of the loan may be extended in advance of the termination date upon the written agreement of each party.
  4. The agreement is covered by the laws of England and the English courts.

Janice Murray
Director General

Revised October 2015

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