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Book 4 · Commercial transactions  ›  Division 4 · Freight business › Section 437

Actual carrier

(1) Where the carriage is performed completely or partly by a third party (actual carrier), such third party will be liable as if they were the carrier for the damage caused by loss of or damage to the goods or by delay in delivery occurring during the carriage performed by said third party. Any contractual agreement with the sender or consignee under which the carrier extends their liability will affect the actual carrier only if the actual carrier has consented to it in text form.

(2) Actual carriers may avail themselves of all defences and objections to which the carrier is entitled under the contract of carriage.

(3) The carrier and the actual carrier are liable jointly and severally.

(4) If claims are asserted against the people in the employ of the actual carrier, then section 436 applies accordingly to them.

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