An Australian seller engages in international trade with a New Zealand buyer for the consignment of 50 devices agreed on using the CPT(carriage paid to) 2020 Incoterms.

The seller engaged Carrier to manage the packaging and transportation of the consignment to the buyer's head office.

If the seller and carrier were bailor and bailee.

The goods delivered to the buyer's country were not fit for use(damaged). Carrier caused the damage due to insufficient packaging.

Can the buyer claim against the carrier? Or the buyer has to claim against the seller due to no contract existing between the buyer and the carrier? Lastly, is it then likely that the buyer claims against the carrier due to negligence?

Using IRAC to clarify major issues

Based on what rules, applications and conclusions?

Keywords: Incoterms 2020, Marine Insurance Act, CIGS, Hague-Visby rules