Privacy Policy


These conditions apply to the carriage by Mistral, of the consignments booked under this consignment note from and between specific locations within the territory of India by utilizing single or multi modal transport mode. These conditions supersede any other terms or conditions, and agreements, oral or written. The Customer confirms that he does not rely upon or claim any other terms, warrants, conditions or representations relating to the use of the services provided by Mistral. Rights and liabilities of Mistral and the Parties are governed by the terms and conditions set out herein below and this constitutes a binding contract between Mistral and the Parties. The parties confirm that they have read and/or appraised themselves of these terms and conditions and that they are bound by the same.

  1. Definitions
    • “Delivery” means tendering of a shipment to a recipient or intimation about arrival of the shipment to a recipient at the destination.
    • “Mistral” means Mistral Courier, unit of Lakshmi Cargo Company Limited
    • “Parties” means and includes Sender & Recipient or their authorized representatives.
    • “Sender” means the person or organization tendering a shipment to Mistral for delivery and “Recipient” means the person or an organization entitled to receive the shipment.
    • “Shipment” or “Consignment” means a document or a non-document booked under a consignment note of Mistral by the parties irrespective of the number of packages, value commodity etc.
    • “Freight Charges” means the transportation charges alone, and it excludes taxes and any specific charges applicable for any value added services.
    • “Declared value for carriage” means the value assigned by the sender for the purposes of unrecoverable damage to or loss of shipment while the same is the custody of Mistral as a carrier (Ref:.Point 16)
  2.  The Parties confirm that details set out in this Consignment Note has been provided by the Sender and filled up by the sender or by a Mistral staff acting as agent of under the instruction of the Sender and its contents are binding on the Parties.
  3. The consignment note is issued strictly based on the declaration given by the parties at the time of booking. Mistral shall not be responsible for any false or wrongful declarations. The Parties shall remain solely liable for any consequences arising out of the same.
  4. The sender shall provide complete address of sender and recipient along with valid contact telephone numbers and correct Postal Index Number (PIN code). The sender shall ensure that these details are properly mentioned on the Consignment Note and any service failure arising out of any defect in such details shall be at the sole responsibility & risk of the parties.
  5. The Parties agree that the services undertaken by Mistral under this Consignment Note are conditional on the Parties making payment of freight and all other charges payable in respect of the shipment.
  6. The Parties shall pay and be responsible for all such payments as may be required to be made to statutory bodies or Municipal or State/ Central Government agencies with respect to any Consignment during transit or at the time of delivery.
  7. If any discrepancy in weight is found post acceptance of a shipment and if the actual weight is greater than the declared weight then the differential applicable charges shall be collected from the Parties.
  8. In the event of any shipment being held up or ordered to be detained by any statutory authorities such as, but not limited to, Sales Tax, Excise, Customs, Check -Post officials, Octroi, Entry-Tax official, etc., Mistral shall not be responsible for such detained goods or any consequential losses or for refund of freight charges. Further, the Parties agree to make good to Mistral any losses incurred by Mistral in the form of fines and penalties levied by statutory authorities arising out of insufficiency of documents or wrongful declaration or any claims, if any, from any other entity affected because of delays arising out of issues related to such shipments.
  9. Packing and Labeling : It is the sender’s obligation to ensure that all consignments entrusted to Mistral are prepared and packed adequately for purpose of carriage with normal care in handling. Any article susceptible to damage during handling or transportation by air, railway or by road must be adequately protected by the sender and Mistral shall not be liable for any damage or shortage as a result of improper or deficient packaging.
  10. Items not acceptable for carriage : The Parties hereby declare that the shipment covered under this consignment note does not include any articles restricted to be carried in courier mode, contrabands or such commodities which can cause safety & health hazard as specified by the current edition of IATA DG regulation and other regulations. Mistral does not carry dangerous goods as classified in IATA dangerous goods regulation and it’s the responsibility of the parties not to include any such commodities which can cause any safety & health hazard. More specifically, items like fire crackers, flammable articles, radioactive or infectious substances, unfilled share transfer forms, unfilled cheques, bullion, cash, jewellery, etc. shall not be included while preparing such shipments for transportation.
  11. Perishable Articles : Parties shall not tender for transportation any shipment containing perishable articles having the shelf life less than 7 days. Mistral shall not be liable for any loss or damage to any such shipment arising consequent to any delay in delivery.
  12. Inspection of consignment : Mistral has the right at its option or at the request of competent authorities to open consignments at any time to inspect the contents of the shipment as part of the acceptance process and/or at various Mistral shipment handing points and/or at airline / seaport security gates and/or on request by any statutory, regulatory or security agencies. Further, Mistral has the right to disclose information of the parties involved in any violation to such agencies as part of its shipment handling and transportation procedures.
  13. Mistral shall not deliver shipments to PO Box addresses, Wherever Mistral carries out drop-box deliveries such as to ministry offices, armed forces establishments, certain government offices & high-security zones, etc., Mistral shall not be providing proof of delivery and the parties shall accept the information provided as final.
  14. Limited liability for Delay: In the event of any delay in delivery of a shipment (Subject to any exceptions available under law or as mentioned in these terms & conditions), the liability of Mistral shall be limited to a maximum of the basic freight charges only. Mistral shall not be liable for any consequential or indirect losses or damages, including but not limited to loss of income or profits or claims by the parties or any other entity affected because of a delay.
  15. Mistral Liability: In the event of damages or loss or misdelivery of a shipment, the maximum liability assumed by Mistral on a shipment is limited to Rs. 100 unless the sender declares a higher value as “Declared value for Carriage” and also pays the applicable Risk Surcharge thereof as “Carriers Risk” at the time of tendering the shipment.
  16. Risk Surcharges:
    • If the sender has availed of external insurance, the same shall be declared on the consignment note as “Owner Risk” and the applicable surcharge thereof as mentioned below shall be paid at the time of tendering the shipment. In such cases, Mistral to issue the “COF- Certificate Of Facts” if the consignment gets damaged or lost while in transit. In case of external insurance by the Parties, in the event of receiving of claim amount or any part thereof from the insurers, the parties agree not to subrogate their rights in favour of the insurers.If the sender opts for transportation of consignment at “Carrier Risk” then the sender shall pay Risk Surcharge in accordance with the rates as applicable.
    • The risk surcharge for “Owner Risk” or “Carrier Risk” shall be calculated as per the minimum charges or percentage of the declared carriage value, whichever is higher
    • Mistral does not assume any risk cover above Rs.1 Lakh under “Carrier Risk” or “Owner Risk”. If a shipment of higher value is tendered by a sender and if that shipment gets damaged or lost while in-transit, Mistral will assume only the maximum automatic liability of Rs. 100 per shipment or the permissible “declared value for carriage” already declared on the consignment note. If a sender does not declare “Declared value for Carriage” on the Airway Bill / Consignment Note, Mistral liability shall be limited to maximum automatic liability of Rs. 100 per shipment. Contractual customers of Mistral or its channel partners or of its authorized agents must declare the value for carriage and opt for appropriate risk coverage at the limits mentioned in Risk Surcharge Chart.
    • Under the option of “Carrier Risk” and subject to payment of applicable “Risk Surcharge” at the time of tendering a shipment to Mistral, Mistral’s liability shall be limited to the “Declared value for Carriage” only. The Maximum “declared value for carriage” is limited to a maximum of Rs. 1 Lakh under “Carrier Risk”.
    • If a customer declares a value in “Declared value for carriage” column and does not choose the applicable type of risk cover, the same would not be considered as complete and the same would be treated as “not opted for any risk cover category”. In such cases, the facility of risk surcharge shall not be available and Mistral’s liability would be limited to Rs.100/- or the value of the goods, whichever is lower.
    • Fragile/breakable articles such as TV Sets, articles made of glass or porcelain, glassware and items of extraordinary value such as crystals, paintings, antiques, etc, and commodities which are perishables in nature shall not be covered under “Carrier Risk.”
    • The “Declared Value for Carriage” must be less than or equal to the value of goods.
  17. It is agreed that in any event, Mistral shall not be liable for any consequential or indirect losses or damages to a shipment.
  18. All claims in respect of loss or damage of consignment shall be made within a period of 30 days from the date of tendering a shipment to Mistral. Any claim requests received after this period shall not be entertained.
  19. Freight Refunds: The refund of freight shall not be entertained if a service failure is resulted from any Force Majeure conditions such as strikes, bandhs, elections, rains, floods, fire, accidents or other natural calamities and any other events such as sudden or planned road closures or traffic diversions during festivals, political rallies, religious processions etc or any other reasons beyond direct control of Mistral. This also includes any routine or sudden inspections carried out by any authorities or tax recovery agencies such as but not limited to Excise, Customs, Sales Tax, municipalities or any other authorities competent to inspect goods or vehicles.
    • Freight Refund requests must be received in writing along with the original sender copy of the consignment note within 30 days from the date of booking.
    • The parties having a contract with Mistral or with its channel partners or with its authorized agents shall not deduct any freight refund request amounts from any dues payable by them to Mistral, unless a credit note is received from Mistral or its channel partners or its authorized agents.
  20. The Parties shall pay the freight and other charges at the time of booking or within the credit period stipulated. In case of non-payment of freight and charges within the stipulated time, the Parties shall be liable for payment of interest at the rate of 24%per annum. The freight invoices will be raised on delivery, even if Proof of Delivery is not submitted and an absence of such proof of delivery will not be entertained as a ground to withhold payments due to Mistral or its channel partners or its authorized agents.
  21. If the parties do not take delivery of the shipment or it remains undelivered due to any reason such as wrong or incomplete address or refusal by recipient to pay any applicable duties / taxes / charges or contained prohibited items or if the packaging of a shipment is damaged to the extent that repacking is not possible resulting in non-delivery or the consignment is found as likely to cause damage to other goods or cause injury to individuals, then the Parties shall still be liable to pay freight charges and all other dues and charges to Mistral.
  22. The Parties shall not be entitled to deduct/adjust/set off any amount due to Mistral on the ground of claims arising out of reasons including loss of any tax invoices, waybills, delivery challans, etc. However, Mistral will extend all reasonable cooperation to the Parties to help them to reconstruct duplicate copies of such documents, whenever provisions are available.
  23. Mistral shall have a general lien (along with Carrier’s lien) on all shipment in its possession, custody or control for any payment whatsoever due from the Parties or from an owner of a shipment and such lien shall extend to freight charges duties & taxes or any other charges arising out of transaction hereunder.
  24. Mistral shall also have the right to retain the goods and refuse to the delivery of the goods to the Parties unless and until all the dues of Mistral are paid by the Parties.
  25. In case the Parties fail to take delivery of the shipment within 48 hours from the date of tendering the shipment for delivery then demurrage / warehouse charges at the rate of 0.1% of the shipment invoice value per day will be charged or at such other rates as may be fixed by Mistral from time to time. A sender may request for the return of such shipment with an agreement to pay the return freight and charges and in cases of non-contracted senders by payment of the return freight and charges in advance. If the shipment is not received or claimed within a month from the date of tendering the shipment for delivery for the first time, then Mistral shall have the right to proceed with the sale of the goods to realize all its dues.
  26. Directors, owners, partners and shareholders of Mistral shall not be personally liable for any claims or liabilities arising out of service failures resulting out of situations, circumstances, omissions, errors, failures or misleading statements/guidance from any employees of Mistral or of its channel partners or of its authorised agents.
  27. All disputes or difference or claims arising in respect of the shipment hereunder or regarding the rights and obligations under transaction hereunder or regarding meaning or interpretation of these terms between the Parties and Mistral are agreed to be referred to adjudication by arbitration. The said arbitration shall be referred to the Indian Chamber of Commerce and Industry, Coimbatore for arbitration as per their rules. The venue of arbitration shall be at COIMBATORE only. Arbitration shall be held only in English Language. Courts at Coimbatore alone shall have the exclusive jurisdiction to adjudicate all claims arising in respect of the shipment under this agreement.

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