1. Alishan Forest Railway and Cultural Heritage Office, Forestry and Nature Conservation Agency (hereinafter referred to as the "Office") is responsible for the sustainable operations of the Alishan forest railway and cultural heritage in the vicinity of the railway. These regulations are to govern the lending by the Office of the personal property under its control, thereby facilitating cultural heritage preservation, promotion, research, education and international exchange.
2. Definition of terms:
(1) “Personal property”: refers to “mechanical facilities, transport facilities, and other miscellaneous facilities” termed in Subparagraph 2, Paragraph 1, Article 3 of the National Property Act, and listed in the ledger in accordance with Article 21 of the National Property Act.
(2) “Outgoing loan”: refers to the Office accepting applications/requests from domestic and foreign organizations to borrow its personal property.
(3) “Outgoing loaned object”: refers to the personal property lent by the Office.
3. The Office may lend personal property to external bodies for the following purposes:
(1) Exhibition
(2) Education
(3) Research
(4) International exchange
(5) Other matters
4. In principle, organizations which may borrow personal property from the Office in accordance with these regulations are limited to domestic and foreign government authorities (organizations), academic education and research institutes, railway preservation operation and management institutions, and railways that have signed a sister railway agreement with the Alishan Forest Railway.
5. Any loan of the personal property shall be handled according to the following procedures:
(1) Application and review: Any application to borrow an item must be made by in writing by the requesting organization (applicant) 6 months prior to the proposed start date of the loan. The application must clearly state the purpose of the loan, a list of the objects requested, duration of loan, start date of loan and date by which loaned objects should be returned, packing and transport arrangements (for example, transport plan), location where loaned objects will be held, use of the objects for the stated purpose, the environmental conditions where they will be held and arrangements for their safe use, storage, and handling. The application must be approved by the head of the office or authorized personnel.When objects are to be lent overseas, the loan request shall be submitted to the Forestry and Nature Conservation Agency for approval.
(2) Processing loan:
After an application is approved, all loans are subject to entering into a contract and insurance coverage in accordance with the following regulations
a. Loan contract:
(i) The requesting organization and the Office shall enter into a “loan contract” (Appendix 1: Alishan Forest Railway and Cultural Heritage Office - Loan Contract (template)). The requesting organization and the Office shall keep one original copy and one duplicate of the loan contract respectively after it has been signed. In the case of foreign applicants, the contract format shall be individually agreed between the applicant organization and this Office and it shall be prepared in both Chinese and English. In case of discrepancy between the two versions, the Chinese version shall prevail.
(ii) The personal property lending department of this Office is responsible for the supervision of the object(s) and the management of the contract during the loan period.
b. Insurance: After the loan contract is signed by both the applicant and the Office, the applicant shall purchase comprehensive insurance according to the approved objects/contents for the duration of the loan. The clauses covering the transportation of the insured object(s) must be specified as "wall to wall" full insurance. If the requesting organization purchases the insurance under its name, this Office shall be listed in the insurance policy as the co-insured.
c. Once the loan insurance is in effect, an original copy of the insurance policy shall be provided by the requesting organization to the Office for filing.
(3) Acceptance check:
a. The Office and the applicant shall jointly perform the acceptance check on the outgoing loaned objects; record the condition of the loaned objects in the “List of Outgoing Loans” on the approved “Outgoing Loan Application Form” prior to packing; and confirm the quantity and condition of the loaned objects are correct.
b. Prior to sealing the packing box, the loaned object(s) shall be verified jointly by the Office and the requesting organization, then packed and sealed with tamper evident security tape. Both Parties shall confirm by signing on the tamper evident security tape.
c. If the acceptance check is conducted by other individuals or a third party on behalf of the applicant as its agent, a letter of authorization is required.
(4) Returning: The applicant shall notify this Office by means of an official document or letter prior to the expiry date of the loan period or the termination of the loan contract, and conduct a joint acceptance check with the Office for the return of the loaned objects based on the "List of Outgoing Loans" attached to the approved "Outgoing Loan Application Form". The return procedures shall be deemed complete upon confirmation of the acceptance check results by this Office.
6. Loan period:
(1) The maximum loan period shall not exceed one (1) year for each item. If an item is not required by the Office, the requesting organization may apply for one further extension of loan not less than 30 days before the loan period expires. Any extension shall be limited to one (1) year. For any such extension, the applicant organization shall extend the relevant insurance and liability provisions in accordance with the insurance guidelines in Article 5 of this set of regulations.
(2) When the items are to be lent to a domestic government agency, academic or educational research institution, or railway preservation operation and management institutions, for purposes of exhibition, education, or research, the loan period may exceed one (1) year, subject to the approval of the head of the office or authorized personnel. In such case, the period of loan will be specified in the loan contract agreed and signed by both Parties.
(3) In order to promote international exchange, when the items are to be lent to an overseas organization, the loan period may exceed one (1) year, subject to the prior approval of the Forestry and Nature Conservation Agency. In such case, the period of loan will be specified in the loan contract agreed and signed by both Parties.
7. A loan is not allowed in the following circumstances:
(1) The requesting organization has not completed the requisite operating procedure for outgoing loans.
(2) The object requested is being used by the Office (for example, currently being exhibited, under maintenance, or used for research).
(3) The object is prohibited from being lent by certain laws and/or regulations.
(4) The requesting organization cannot provide venues that provide a fully appropriate environment for storage or premises to meet the conditions stipulated by the Office.
(5) Fragile and rare vintage objects.
(6) The requesting organization is located in a region suffering from wars, disasters or major crises.
(7) The requesting organization has a bad borrowing history.
8. The Office may terminate the loan if any of the following conditions occur:
(1) The loaned object is clearly deteriorating or has been damaged and can no longer meet the purpose of the loan.
(2) The loaned object is lost whilst on loan.
(3) The requesting organization has violated the terms of the Loan Contract.
(4) The loaned object is required by the Office for other important use.
(5) After being lent, the region where the requesting organization is based faces a major crisis or crises that risk causing damage to the loaned object.
9. The requesting organization shall be responsible for the following matters in addition to the safe-keeping and maintenance of the loaned objects:
(1) If the loaned object is damaged or lost, immediately notify the personal property Management Unit or Property Outgoing Loan Unit of the Office and take full responsibility in terms of compensation and legal liabilities.
(2) Take all necessary measures to prevent damage and loss of loaned objects.
(3) Maintain the environment and standard of exhibition venues and storage facilities in accordance with the requirements of the Office.
(4) Bear the insurance premium, packaging, assembly, shipping and handling, and other expenses to be paid due to the operation and incurred during the loan period.
(5) The use of loaned objects shall not exceed the scope specified in the contract. Any public use (such as appearing in exhibition venues and publications) shall be marked with "Alishan Forest Railway and Cultural Heritage Office, Forestry and Nature Conservation Agency". For any publications or pamphlets generated from the use of the outgoing loaned object, two (2) copies of the published material shall be delivered to the Office for record filing.
10. The use of the loaned objects shall be limited to the purpose agreed in the contract. If the loaned object has any extended use based on the original purposes of the loan and which is foreseeable and expected at the time of application, the authorization of the Office shall be obtained at the time of application; if such condition is not foreseeable or expected at the time of application, the requesting organization shall notify the Office immediately and conduct the extended use only after obtaining the consent from the Office.
11. Unless an agreement has been entered into between the requesting organization and the Office, use of the loaned objects for the following is prohibited:
(1) Any other purpose than that agreed.
(2) For commercial purposes, unless as a derived or extended use of the purpose of the loan, in which case it shall be handled in accordance with Article 10 of this Regulation.
(3) Lending to third parties.
(4) Making a copy of the loaned object in any form.
(5) Making any change to the object (including changes to the appurtenance and label) or destructive acts (for example, disassembling, cutting, coating, polishing, etc.), using and operating the object.
(6) In any way that might damage the reputation of the Office.
12. Attention shall be given to the following matters while performing the acceptance check and unpacking the loaned personal property:
(1) During the acceptance check, the requesting organization or its authorized representative shall be present. In case of absence, written confirmation shall be given that the requesting organization shall accept the outcome of the check.
(2) Prior to unpacking, the list of loaned objects, the objects, and the security tapes shall all be checked carefully. If any discrepancy with the condition report or other abnormalities are found, a declaration shall be made and a record shall be jointly produced by the Office, relevant requesting organization and the insurance company. The acceptance check may be suspended, if deemed necessary.
13. If loaned objects are over-100-year-old artifacts with value from the point of view of history, art or science in accordance with Article 74 of the Cultural Heritage Preservation Act, the relevant regulations of the Cultural Heritage Preservation Act shall be applied first.
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