Liability upon Delivery: Seller, Buyer or Carrier?

Questioner

Who is responsible for the claim in the following issue: There are 3 parties: the seller, the buyer and the carrier. The selling party sells a liquid product on DAP conditions. The transport is provided by a third party hired by the selling party. The carrier delivers according to the CMR. The vehicle and discharge hoses are required to be sealed. If the sealed hoses that the carrier uses to discharge at the customer are contaminated and therefore contaminated product is delivered (contamination) to that customer, whose responsibility is that? Is that the seller (because he is responsible for the hired carrier) or the carrier (he has an obligation to achieve results and is responsible for his equipment) or is that the buyer (the product is discharged on his premises and the seller's responsibility ends when entering the buyer's premises). Thank you for your answer.

Lawyer

Article 17 of the CMR states the following: 1. The carrier is liable for total or partial loss and for damage to the goods, which occurs between the time of the moment of receipt of the goods and the moment of the delivery, as well as for delays in the delivery. The seller's DAP conditions exclude liability after delivery, but not if something has happened in the meantime, for example a mistake by his contractor, the carrier. The client is/can then be held liable. The conclusion is that both the seller and his carrier can be held liable.