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Merchant Shipping Act 1979
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ARTICLE 4Performing carrier
1.If the performance of the carriage or part thereof has been entrusted to a performing carrier, the carrier shall nevertheless remain liable for the entire carriage according to the provisions of this Convention. In addition, the performing carrier shall be subject and entitled to the provisions of this Convention for the part of the carriage performed by him.
2.The carrier shall, in relation to the carriage performed by the performing carrier, be liable for the acts and omissions of the performing carrier and of his servants and agents acting within the scope of their employment.
3.Any special agreement under which the carrier assumes obligations not imposed by this Convention or any waiver of rights conferred by this Convention shall affect the perforating carrier only if agreed by him expressly and in writing.
4.Where and to the extent that both the carrier and the performing carrier are liable, their liability shall be joint and several.
5.Nothing in this Article shall prejudice any right of recourse as between the carrier and the performing carrier.
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