19.24 - Conservation of loaned property.

§ 19.24 Conservation of loaned property.  1. Unless there is a written  loan  agreement  to  the  contrary,  the  office  may apply conservation  measures to property on loan to the office without giving formal  notice  or  first  obtaining  the  lender's  permission if action is required to  protect the property on loan or other property in  the  custody  of  the  office  or  if the property on loan is a hazard to the health and safety  of the public or the office staff, provided that:    (a) the office is unable to reach the  lender  at  the  lender's  last  known  address or telephone number before the time the office determines  action is necessary; or    (b) the lender either (i) does not respond to a request for permission  to apply conservation measures made pursuant to section  19.22  of  this  article  within three days of receiving the request or will not agree to  the conservation  measures  the  office  recommends  or  (ii)  fails  to  terminate  the  loan and either retrieve the property or arrange for its  isolation and retrieval within thirty days of receiving the request.    If immediate  conservation  measures  are  necessary  to  protect  the  property  or  other  property in the custody of the office or to protect  the health or safety of the public or the office staff,  the  conditions  set forth in paragraphs (a) and (b) of this subdivision shall not apply.    2.  Unless  provided otherwise in an agreement with the lender, if the  office applies conservation measures to property under  subdivision  one  of  this section, and such measures were not required as a result of the  office's own action or inaction, the office shall acquire a lien on  the  property  in  the amount of the costs incurred by the office, including,  but not limited to the cost of labor and materials,  and  shall  not  be  liable for injury to or loss of the property, provided that the office:    (a)  had a reasonable belief at the time the action was taken that the  action was necessary to protect the property on loan or  other  property  in  the custody of the office, or that the property on loan was a hazard  to the health and safety of the public or the office staff; and    (b) exercised  reasonable  care  in  the  choice  and  application  of  conservation measures.