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- Loaned work remains the property of Luke Black Ltd. The copyright in the Artwork / sample(s) shall not pass to the Borrower under this agreement and the Artwork shall remain property of the Lender.
- At the beginning of the Loan Period, the Lender shall arrange for and pay for the packing of the Artwork / sample(s) and shall provide, at its cost, appropriate transportation to the Borrower's premises.
- The Lender reserves the right, if the Borrower fails to return the Artwork / Sample(s) within a reasonable period of time, to charge the Borrower a fee to cover the cost of production of a new, replacement Artwork / Sample(s).
- Neither party shall at any time disclose to any person any confidential details of the content of this agreement nor issue any publicity or press statements about its contents or the other party without the prior written approval of the other, except as permitted by the following: Each party may disclose confidential details of the content of this agreement:
~ (a) Disclosing confidential information to its employees, officers, representatives or advisers who need to know such information for the purposes of carrying out the party's obligations under this agreement. Each party shall ensure that its employees, officers, representatives or advisers to whom it discloses such information comply with this agreement
~ (b) Required by law as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
- The Lender shall promptly notify the Borrower of any health and safety hazards that may arise while handling the Artwork / Sample(s) on the Borrower's premises.
- The Loaned work may be recalled at any time if these conditions are breached.
- This agreement and any dispute or claim arising out of or in connection with it, or its subject matter or formation, shall be governed by and construed in accordance with the law of England and Wales.
- This agreement constitutes the entire agreement between the parties and replaces and supersedes all previous agreements, promises, assurances, warranties, representations and understandings between them with respect to its subject matter.
- No variation of this agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives)
Borrower's obligations.
The Borrower shall:
- Inspect the Artwork / Sample(s) as soon as reasonably possible upon delivery. Any damage must be reported to The Lender within two days of receipt of the Artwork / Sample(s).
- Handle the Artwork / sample(s) during the Loan Period with reasonable skill, care and diligence and in such environmental conditions as the Lender shall reasonably stipulate.
- Not lend the Artwork / sample(s) to third parties without the Lender's prior written consent.
- Check the condition of the Artwork / sample(s) regularly throughout the Loan Period, and immediately report any change in the condition of the Artwork to the Lender in writing and where appropriate to the Borrower's insurers. Any damage or change in condition shall also be photographed and noted.
- immediately inform both the Lender if the Artwork / Sample(s) is damaged, lost or stolen while it is on loan to the Borrower.
- Not to carry out any conservation or remedial work on the Artwork without the Lender's written consent.
- Not use the Loaned Work, or photographs of said work, to create products, commercial goods or for any other purpose unless it obtains Luke Black Ltd’s prior written permission.
- Ensure that any information about Loaned Work for use on wall labels, in catalogues, for publicity and any other purpose must include full credit to Luke Black Ltd.
- At the end of the Loan Period, arrange and pay for the packing of the Artwork / sample(s) and shall provide, at its cost, appropriate transportation to the Lender’s premises within a period of [seven] days from the last day of the Loan Period.
