The goods are freighted at the risk of the Consignor(customer) and not Scratchless and unless expressly agreed in writing, Scratchless shall not be responsible in tort or contract or otherwise for any loss of or damage to or deterioration of goods or mis-delivery or failure to deliver or to delay in delivery of goods including breakage in transit or in storage for any reason whatsoever including, without limiting the foregoing, the negligence or wilful act or default by Scratchless or others and this clause shall apply to all such loss or damage to or deterioration of goods or mis-delivery or failure to deliver or delay in delivery of goods as aforesaid whether or not the same occurs in the course of performance of Scratchless of the Contract or in which are in the contemplation of Scratchless and or the Consignor or in the events which are foreseeable by them or either of them in event which would constitute a fundamental breach of the Contract or the breach of the fundamental term thereof. The customer shall be and remains responsible to Scratchless for all proper charges incurred for freight for any reason. The goods are stored entirely at the risk of the “Customer” and Scratchless will not be liable to any person or persons for any loss or damage to the goods or part thereof whilst the goods are being worked on or stored during the restoration process at our premises.