Sim Crawcour Pty Ltd (ABN 59 009 483 505), trading as SIM Branding 24 Merino Street, Kings Meadows TAS 7249 (03) 6343 3755 | sales@simbranding.com.au | simbranding.com.au
1. About these terms
These terms and conditions govern your use of the SIM Branding website and any quote, order or supply of products between you and Sim Crawcour Pty Ltd (ABN 59 009 483 505), trading as SIM Branding ("SIM Branding", "we", "us" or "our").
By using our website, requesting a quote, or placing an order, you agree to these terms. Please read them carefully. If you do not agree with them, please do not use the website or place an order.
In these terms, "you" and "your" mean the person or organisation using the website or purchasing products. "Products" means the goods we supply, including customised, branded and stock items. "Customisation" means any branding, decoration or personalisation applied to a product, such as embroidery, printing or engraving.
2. Using our website
You may use our website to browse products, request quotes and contact us. You agree to use it only for lawful purposes and not in any way that could damage, disable or interfere with it, or interfere with anyone else's use of it.
Website content. All content on this website, including text, images, logos, product descriptions and design, is owned by or licensed to SIM Branding and is protected by copyright and other intellectual property laws. You may view and print content for your own use in dealing with us, but you may not copy, reproduce, republish or use it for any other purpose without our written permission.
Accuracy of information. We take care to keep the website accurate and up to date, but product details, availability and specifications can change. Information on the website is a guide only and does not form part of any contract until confirmed in a written quote.
Availability. We aim to keep the website available at all times, but we do not guarantee uninterrupted access. We may suspend, withdraw or change any part of the website without notice.
Links to other sites. Our website may link to third-party sites. We provide those links for convenience only and are not responsible for their content or practices.
3. Quotes and pricing
Prices are provided by quote. We do not display prices on the website. Because branded work is customised to each order, we quote every job individually based on the product, quantity and customisation method.
How to get a quote. You can request a quote by adding items to your cart and proceeding to checkout, or by emailing sales@simbranding.com.au. No payment is taken at checkout. Submitting your cart simply sends your request to us. We will respond with a quote, usually within one working day.
Quote validity. Quotes are valid for 30 days from the date of issue unless we state otherwise. Prices may change after that date, mainly because product and material costs move.
GST. Prices are quoted exclusive of GST unless we specify otherwise. GST (currently 10%) is shown on your quote and invoice.
Delivery costs. Delivery is worked out per order, based on the size and weight of the shipment and where it is going, and is included in your quote where possible. If additional delivery costs apply, we will set them out clearly rather than add them at the end.
4. Orders and acceptance
Every order begins with a quote. Once you accept a quote, we prepare an artwork proof for your approval (see clause 5). Your order is confirmed and becomes binding once you have approved the proof and payment has been arranged in line with clause 8.
We may decline or cancel an order before production begins, for example if we cannot source a product, if there is an error in the quote or pricing, or if we are unable to meet a required deadline. If we do, we will let you know and refund any payment already made for that order.
5. Artwork, proofs and approval
Artwork you provide. For most orders you will supply your logo or artwork. A high-resolution PDF or EPS file works best. If your artwork needs cleaning up or rebuilding to reproduce well, our team can usually help, and we will let you know before any work is charged. We do not design logos from scratch.
Your responsibility for artwork. You confirm that you own, or have permission to use, any logos, images, text or other material you supply, and that using them for your order will not breach anyone else's rights. You agree to cover us for any claim, loss or cost that arises from artwork you have supplied, including any claim that it infringes a third party's intellectual property. If we have reasonable concerns that artwork may infringe someone's rights, we may decline to proceed.
Proof approval. We will send you an artwork proof showing the design, colours and placement before anything goes into production. Nothing is produced until you approve the proof. It is your responsibility to check the proof carefully, including spelling, layout, sizing, colours and placement.
Sign-off is final. Once you approve a proof, that approval is your sign-off on the final product. We are not responsible for errors that were present in an approved proof. If you need a change after approval, tell us as soon as possible; changes may not be possible once production has started, and additional costs may apply.
Production files. The setup files and production-ready artwork we prepare for your job remain our property. We are happy to provide copies to you on request.
6. Colour matching and product variation
We match colours as closely as we can using the Pantone Matching System (PMS). Send us your PMS codes and we will match them, though the final result can vary slightly depending on the material being branded and the customisation method used.
Please also allow for natural variation between products, batches and dye lots, and between what you see on a screen and the finished item. Small variations of this kind are normal and are not a fault.
7. Quantities
We supply the quantity set out in your confirmed order. If for any reason we are unable to supply the full quantity, we will contact you before proceeding.
8. Payment
Payment methods. We currently accept payment by bank transfer, with card payments coming soon. We will send payment details with your quote or invoice.
When payment is due. Payment is due before production starts, unless you hold an approved credit account with us. Your order goes into production once your proof is approved and payment has been arranged.
Credit accounts. We can set up accounts for businesses that order with us regularly. Credit accounts are subject to approval and to any separate account terms we agree with you. If you hold an account, payment is due in line with those terms.
9. Production and lead times
Most orders take around 2 to 4 weeks from the day you approve your proof. Your lead time starts at proof approval, not when you first enquire. The exact time depends on the product and customisation method, and items made overseas can take longer. We will flag this where it applies.
If you are working to a deadline, tell us early and we will build the timeline around it and let you know honestly whether it is achievable. Timeframes we give are estimates made in good faith and are not guaranteed unless we agree a firm delivery date with you in writing.
10. Delivery
Where we deliver. We deliver across Australia and New Zealand, shipping from Tasmania through our logistics partners.
Multiple locations. We can split one order across several branches, stores or sites. Just give us the addresses and quantities for each.
Risk and title. Risk in the products passes to you on delivery. Title to the products remains with us until we have received payment in full.
Delays outside our control. We are not responsible for delays caused by our carriers or by events outside our reasonable control once goods have left us, but we will help you follow up any issue with a delivery.
11. Returns, faults and your consumer rights
Your rights under the law. Our products come with guarantees that cannot be excluded under the Australian Consumer Law, and, for customers in New Zealand, under the Consumer Guarantees Act 1993. Nothing in these terms limits or excludes those rights. For major failures you are entitled to a replacement or refund, and to compensation for other reasonably foreseeable loss or damage. You are also entitled to have products repaired or replaced if they are not of acceptable quality and the failure does not amount to a major failure.
Customised products. Because most of what we make is customised to your order and cannot be resold, we are unable to accept returns for change of mind once you have approved your proof and production has begun. This is why it is important to check your proof carefully before approving it.
Faulty or incorrect orders. If your order arrives faulty, damaged or not as ordered, please contact us within 7 days of receiving it. We will work with you to put it right, usually by exchange, repair, credit or refund as appropriate and as required by law. Please keep the affected items and let us know as soon as you notice the problem.
This clause does not reduce any right you have under the Australian Consumer Law or the New Zealand Consumer Guarantees Act.
12. Cancellations
You may ask to cancel an order before you have approved the proof at no cost, other than any design or setup work already carried out. Once you have approved the proof and production has started, an order generally cannot be cancelled, because work on your customised products is already underway. If cancellation is possible at that stage, you may be responsible for costs we have already incurred.
13. Our liability
We stand behind our work and will always meet our obligations under the Australian Consumer Law and, where it applies, New Zealand law. Nothing in these terms limits any liability that cannot be limited by law.
To the extent the law allows, and subject to your rights under clause 11:
- our liability for any product is limited, at our option, to replacing the product, resupplying it, or refunding the price you paid for it; and
- we are not liable for indirect or consequential loss, including loss of profits, loss of business or loss of opportunity.
14. Privacy
We handle your personal information in line with our Privacy Policy, which explains what we collect, how we use it and how we look after it. You can read it here: https://simbranding.com.au/privacy-policy/. By dealing with us, you agree to us handling your information as described in that policy.
15. Events outside our control
We are not responsible for any failure or delay in meeting our obligations that is caused by something outside our reasonable control, including natural events, supplier or carrier failures, industrial action, or disruptions to power, transport or communications. If this happens, we will let you know and work with you to reduce the impact.
16. General
Governing law. These terms are governed by the laws of Tasmania, Australia, and you agree to the exclusive jurisdiction of the courts of Tasmania.
Changes to these terms. We may update these terms from time to time. The version published on our website at the time you request a quote or place an order is the version that applies to that order.
Whole agreement. These terms, together with your accepted quote and any separate account terms, make up the whole agreement between us for your order.
Severability. If any part of these terms is found to be invalid or unenforceable, the rest of the terms continue to apply.
17. Contact us
If you have any questions about these terms or your order, get in touch:
SIM Branding (Sim Crawcour Pty Ltd, ABN 59 009 483 505) 24 Merino Street, Kings Meadows TAS 7249 Phone: (03) 6343 3755 Email: sales@simbranding.com.au Web: simbranding.com.au