Collection and Payment Service Rules
Last updated: February 1st, 2024
The TECHDesign website (TECHDesign.com) and its related function, features, and services (collectively, “TECHDesign Services”) are operated by Nuvoton Technology Corporation (“Nuvoton”, “we”, or “us”) under the TECHDesign® brand name.
We provide an e-commerce website for direct purchase and procurement of electronic components and our website seeks to facilitate transactions between individuals or companies looking to purchase electronic components (the “Buyer(s)”) and the “Supplier(s)”).
To effect the transactions between Buyers and Suppliers through TECHDesign Services, we provide a payment mechanism to govern transaction payment arrangements between Suppliers and Buyers, settle disputes, and process refunds. By engaging in transactions though TECHDesign Services, you acknowledge that you have read and agreed to the following terms and conditions.
A. Process of Rules
The Supplier and the Buyer agree to comply with the terms and conditions specified in this Collection and Payment Service Rules and any payment instructions provided by Nuvoton (collectively, “Rules”) to settle payments between the Buyer and the Supplier.
The purpose of the Rules is to govern the collection and payment service arrangements for transactions on the TECHDesign Services. Each transaction remains solely between the Supplier and the Buyer. For the avoidance of doubt, Nuvoton may, from time to time, issue invoices 【on behalf of the Supplier(s) 】but it is expressly understood, agreed and acknowledge that in issuing such issue, Nuvoton is only acting as an agent of the Suppler(s), and that no contractual relationship shall arise or deemed to arise between Nuvoton and the Buyer(s).
B. Payment Mechanism
Advanced Payment.
Any payment for goods or projects ordered or requested by the Buyer on the TECHDesign website shall be made in advance, unless otherwise agreed in writing in a purchase order between the Buyer and the Supplier or the Buyer and Nuvoton). The Buyer shall make the payment duly according to the payment mechanism applied for the specific TECHDesign Services. The payment should be remitted into the bank account designated by Nuvoton before the goods are disbursed (“Advanced Payment”).
Payment to Supplier. The Advanced Payment will be remitted to the Supplier in accordance with the results of the Confirmation Process as specified in C1.4 of this Rules, or as otherwise specified under the Rules.
Handling Fee Bearer
Payment by third-party digital payment services:
The Advanced Payment amount as shown at checkout is inclusive of credit card and third-party payment handling fees that are charged to Nuvoton by the third-party payment service providers. The Buyer’s credit card issuing bank may have separate handling fees chargeable to Buyer, and where these fees apply, they should be borne by the Buyer.
Payment by bank wire transfers
In addition to the transaction payment, the Buyer shall also bear all handling fees charged by the banks (including the issuing bank, intermediary bank(s) and beneficiary bank) for transactions conducted on the TECHDesign website.
In the event that the Buyer fails to pay any handling fee required to be borne by Buyers and the Supplier agrees to carry on the transaction, then the Supplier shall bear any such aforementioned handling fee which is supposed to be borne by the Buyer. Whereas if the Supplier does not agree with bearing the handling fees, Nuvoton will refund the payment to the Buyer and any handling fee incurred during the process of payment by the Buyer or refund by Nuvoton will be borne by the Buyer.
No Interest. Payments temporarily kept by Nuvoton bear no interest.
C. Fulfillment Process of Goods or Services
Goods In-Stock. If the transaction item is in-stock, the order will only be processed and disbursed after the Buyer’s Advance Payment has been received.
Goods out-of-Stock and corporate account holders’ requests for quotation.If the goods are out of stock or cannot be fulfilled immediately, or the Buyer is a corporate account holder pursuant to the application procedures specified in TECHDesign Member Terms and Conditions, the Buyer shall send a request for quotation on Supplier’s designated website page. The Supplier shall offer a quotation to the Buyer according to the inquiry or reject to offer a quotation. Should a quotation be offered, and should the Buyer confirm and accept the quotation and delivery terms, the Buyer shall make the Advanced Payment unless otherwise agreed in writing in a purchase order between the Buyer and the Supplier or between the Buyer and Nuvoton. Where an Advanced Payment has been made, the order will be processed and disbursed after the Buyer’s Advanced Payment has been received.
Shipping: Whether the Supplier charges shipping fees from the Buyer, the Supplier shall ship the goods to the destination specified by the Buyer on the order. Unless otherwise agreed between the Buyer and the Supplier, the Buyer shall be responsible for clearing import customs and paying any import taxes, duties and fees, including any fees arising from late clearance (if applicable) to the relevant authorities. If the goods are unable to reach the destination specified by the Buyer on the order due to the Buyer’s failure or delays in clearing the import customs, the Supplier has the right to have the goods return to the Supplier and request the Buyer to bear all the shipping fees, custom fees, taxes and duties in the course of the goods’ return journey.
Confirmation Process. If the goods have been delivered to the Buyer, the Buyer shall either confirm acceptance or make rejection on the system within seven (7) calendar days of the arrival of goods. Requesting a refund from Nuvoton will be deemed to have made a rejection. In case the Buyer neither confirms acceptance nor makes rejection within seven (7) calendar days of the arrival of goods, the Buyer will be deemed to have confirmed acceptance and the payment will be remitted to the account designated by the Supplier. In the event that the Buyer requires more time for making a confirmation or rejection, the Buyer may apply for a one-time extension on the system within seven (7) calendar days of the arrival of goods, and the confirmation period will be extended for another seven (7) calendar days.
Rejection of Goods. If the Buyer has made a rejection, the Buyer shall provide Nuvoton with detailed reasons for such rejection. If the Buyer did not detail the reasons for rejection, the Buyer will be deemed to not have made a rejection; if the Buyer has made a rejection and detailed the reasons, the Disputes Resolution Procedure specified in Chapter D (the “Disputes Resolution Procedure”) shall apply, and the period for the Disputes Resolution Procedure shall not exceed fourteen (14) calendar days and may be extended once, for another fourteen (14) days.
Failure to Deliver Goods. If the transaction is terminated due to the Supplier’s failure to deliver the goods, Nuvoton will refund the payment to the Buyer and the Supplier shall assume all handling fees charged by the banks (including the issuing bank, intermediary bank(s) and beneficiary bank) incurred when Nuvoton refunds the payment to the Buyer, or any handling fees originally charged to Nuvoton by the third-party payment service provider(s) when the Buyer paid by credit cards or paid through any third-party payment service providers.
D. TECHDesign eService
On March 29th, 2023 (“Cessation Date”), Nuvoton shall cease to provide TECHDesign eService on the TECHDesign website. Nevertheless, the following rules in this section D shall continue to apply to existing Projects and Off-the-shelf Solutions commencing prior to the Cessation Date.
Projects and Off-the-shelf Solutions. The Buyer shall make Advanced Payment to Nuvoton for any product or solution design, development, manufacturing, assembly and so forth, or for a product or solution designed or selected upon features, functions, or specifications mutually agreed by the Buyer and the Supplier (the “Project(s)”), as well as for products or solutions which do not require customization (the “Off-the-shelf Solution(s)”). Where milestone development phases apply, the Buyer shall make Advanced Payment for the next milestone in order to activate the Project fulfillment for that next milestone. Supplier shall develop and deliver the Project according to the schedule agreed by the Buyer and the Supplier. If the Project, the milestone deliverable, or Off-the-shelf Solution requires other logistics or fulfillment services, the Supplier shall also provide such information (e.g., tracking number) to the Buyer.
Handling Fee Bearer. Any handling fee charged by the Buyer’s credit card issuing bank and third-party payment service providers shall be borne by the Buyer.
Payment Schedule. Nuvoton will make payment to the Supplier according to the payment schedule agreed between Nuvoton and the Supplier.
Termination of the Project. In the event that the Project is terminated prematurely, the following rules should be followed.
Termination by the Buyer. In the case where the Project is terminated by the Buyer, any Advanced Payment made by the Buyer which has not been remitted to the Supplier will be remitted to the Supplier’s designated account by the last business day of the same month if a written notice of termination from the Buyer is provided to Nuvoton on or before the 10th of the month, or by the last business day of the following month if a written notice of termination from the Buyer is provided to Nuvoton after the 10th of the month.
Termination by the Supplier. If the Project is terminated by the Supplier, the Buyer may apply for a refund for the Advanced Payment made by the Buyer corresponding to the incomplete milestone(s). Advanced Payment for completed milestones is non-refundable. If the Advanced Payment for the incomplete milestone(s) has been remitted to the Supplier, the Supplier shall refund such Advanced Payment to the Buyer and provide the relevant proof of such refund to Nuvoton. If the Advanced Payment for the incomplete milestone(s) has not been remitted to the Supplier, Nuvoton shall refund such Advanced Payment to the Buyer. In either case, all handling fees associated with the refund that are charged by the banks (including the issuing bank, intermediary bank(s) and beneficiary bank) or any third-party payment service shall be borne by the Supplier.
Suspension of the Project.If a Project has been activated, and the Buyer proposes a suspension, the Advanced Payment will not be refunded to the Buyer for the duration of the suspension. The period for suspension may only last for six (6) months at most, and if the Buyer does not reactivate the aforesaid Project, it will be deemed that the Buyer submits a termination of the Project, and the case shall be handled according to Paragraph C.2.3 (Termination of the Project).
Failure to Provide the Project. If the Supplier cannot duly fulfill the Project to the Buyer within the agreed schedule between the Buyer and the Supplier, the Disputes Resolution Procedure shall apply.
Failure to Deliver the Off-the-Shelf Solution.If the transaction is terminated due to the Supplier’s failure to deliver the Off-the-shelf Solution, Nuvoton will refund the payment to the Buyer and the Supplier shall assume all handling fees charged by the banks (including the issuing bank, intermediary bank and beneficiary bank) incurred when Nuvoton refunds the payment to the Buyer, or any handling fees originally charged to Nuvoton by the third-party payment service provider(s) when the Buyer paid by credit cards or paid through any third-party payment service providers.
Rejection of Off-the-shelf Solutions. Unless otherwise agreed between the Supplier and the Buyer, if the Buyer wishes to raise a dispute or ask for a refund for an Off-the-shelf Solution, the request shall be made within seven (7) calendar days from the date of receipt of the Off-the-shelf Solution. Once such a request has been made, the Disputes Resolution Procedure shall apply.
Disputes. Any disputes for Projects or Off-the-shelf Solutions shall be settled between the Buyer and the Supplier in accordance with the terms agreed upon between the Buyer and the Supplier.
E. Disputes Resolution Procedure
Disputes Resolution Procedure. Should there be any disputes between the Buyer and the Supplier, including but not limited to commodity defect, function defect, error, specification mismatch, mistake, shortage, warranty and after-sales service, return or replacement, and false advertising dispute, Buyer’s rejection to the goods or projects and otherwise (hereinafter referred to as the “Disputes Resolution Procedure”), they shall be negotiated and resolved by and between the Supplier and the Buyer, and the Supplier shall assume the responsibilities to the Buyer according to the Civil Code, Consumer Protection Act and other relevant laws and regulations.
Initiation of the Procedure. For the avoidance of doubt, the Supplier shall proactively take initiative in handling the Buyer’s inquiries, disputes, and complaints according to the Disputes Resolution Procedure. Neither the Supplier nor the Buyer may take the dispute as a reason to claim against Nuvoton.
Result of Disputes Resolution Procedure. Subject to the result of the Disputes Resolution Procedure, if the Buyer and the Supplier reach a consensus on the dispute, Nuvoton will refund or ask the Supplier to refund the agreed amount to the Buyer and/or remit the agreed payment to the Supplier in accordance with the consensus which a signed agreement thereof shall be provided by the Buyer or the Supplier to Nuvoton for verification. In the cases where the refund should be made by the Supplier, the Supplier shall provide the relevant proof of such refund to Nuvoton once the refund has been made.
Event of No Consensus. If the Buyer or the Supplier does not provide the signed agreement within twenty-eight (28) calendar days of the request by Nuvoton, it shall be deemed as non-consensus. If the Buyer and the Supplier cannot reach a consensus on the dispute, whether it was a dispute initiated by the Buyer or the Supplier, the Buyer may apply to Nuvoton for refunding the amount, either paid or not yet paid to the Supplier. The handling fee charged by the banks (including the remittance bank, intermediate bank(s) and payment bank) or any third-party payment service shall be borne by the Buyer.
F. Returns and Refunds
Returns.While applying for a refund pursuant to the results of the disputes resolution procedure, the Buyer shall return the goods in its complete and original packaging (including any outer packaging and inside materials used for package cushioning) at Buyer’s expense and provide Nuvoton with documentation proof showing that the Buyer has returned the goods to the Supplier, or that the Supplier has agreed that there is no need for the Buyer to return the goods. If the Buyer is unable to provide such documentation proof, Nuvoton has the right to remit the residual amount in the Advanced Payment made by the Buyer to the Supplier. When the Buyer applies for a refund for a transaction the Buyer has entered into as an eMarket corporate account holder pursuant to the application procedures in TECHDesign Member Terms and Conditions, other than the aforementioned responsibilities, the Buyer shall also bear all the fees associated with shipping the goods from the Supplier to the destination specified by the Buyer on the order (the “Outbound Shipping Fees”). If the amount of Outbound Shipping Fees is specified on the order, the Buyer shall bear the amount on the order. If the order does not show the Outbound Shipping Fees or the amount of Outbound Shipping Fees is shown as zero, the Buyer shall bear the actual cost incurred by the Supplier. However, the Buyer does not need to bear the Outbound Shipping Fees if the Supplier deems that the refund application has been made due to product defects. This rule does not preclude the Supplier and the eMarket Corporate Account Buyer from entering into other agreements in relation to the return criteria.
Refund Method. The amount to be refunded to the Buyer under the Rules (the “Refund”) will be made in line with the Buyer’s payment method (e.g., paid by third-party payment, refunded by such third-party payment; paid by credit card, refunded to the original account of the credit card; paid by remittance, refunded to the original remittance bank account; paid by a coupon, refunded by such coupon to the extent that the coupon is still effective; if the coupon is expired, Nuvoton has no obligation to re-offer a new coupon to the Buyer). If the Buyer has received the transaction items, the Buyer may not apply to Nuvoton for Refund until the Buyer has provided Nuvoton with documentation proof showing that the Buyer has returned the goods to the Supplier, or that the Supplier has agreed that there is no need for the Buyer to return the goods.
Handling Fee Bearer at the time of a Refund. Based on different transaction circumstances, clauses B.3.3, C.1.5, C.2.3, C.2.5 and D.3.1 detail who should bear the handling fee when a Refund is issued. Unless explicitly mentioned otherwise in the relevant clauses of the Rules, the Buyer should bear all handling fees associated with a Refund.
For original payment made by the Buyer through a credit card or third-party payment service provider (such as PayPal or AliPay), the handling fees include the credit card and third-party payment handling fees that were charged to Nuvoton by the third-party payment service provider at the time of check out. At the time of a refund, the Supplier shall bear the handling fees.
For original payment made by the Buyer through wire transfers, the Buyer will bear charges by all banks engaged in the transfer of the Refund (including the issuing bank, intermediary bank(s) and beneficiary bank).
Designated Account Required to The Buyer.If a designated bank account is needed in order to proceed with the Refund, the Buyer shall provide complete information of that account (“Designated Account”) that belongs to the same owner of the account used for the Buyer’s original remittance within seven (7) calendar days after Nuvoton’s request.
The Refund Period.The Refund will be made to the Designated Account or in line with the Buyer’s payment method within fifteen (15) working days after Nuvoton receives the Refund application. The actual receiving time of the Refund by the Buyer depends on the actual handling time of the financial institutions.
Effect of Failure to Provide Designated Account. If the Buyer fails to provide complete information of the Designated Account and fails to provide it and to complete the application of Refund in accordance with Article 2 of Chapter E, the Refund will not be made to the Buyer until the Buyer has provided complete information of the Designated Account.
Currency of Refund. The currency of Refund to the Buyer is also the currency designated at the accepted transaction by the Buyer and the Supplier, as that remitted by the Buyer, and the Refund will be transferred into the Designated Account or be returned in line with the Buyer’s payment method. E. No Claims against Nuvoton
No matter whether Callisto has refunded to the Buyer or remitted to the designated account of the Supplier in accordance with the Rules, TECHDesign eService Supplier Service Terms and Conditions and/or TECHDesign eMarket Supplier Terms and Conditions, the Buyer and Supplier both shall not make objection and shall not claim against Callisto for any compensation for damages. Once Callisto has refunded or remitted the payment, all the disputes between the Buyer and the Supplier, in which case no responsibility shall be undertaken by Callisto, shall be resolved according to the method agreed by the Buyer and Supplier instead.
H. Amendments of the Rules
Nuvoton reserves the rights to change or amend the Rules at any time by giving notice to the Supplier and the Buyer through system announcement or e-mail and the amended Rules will become effective at the time of the notice sent.
If the Supplier or the Buyer does not agree to the change or amendment, it shall cease using the TECHDesign Services including TECHDesign Member Terms and Conditions, TECHDesign eMarket Supplier Terms and Conditions (collectively, “Terms and Conditions”) and provide a notice to terminate the Terms and Conditions. If the Supplier or the Buyer does not give the termination notice, or if the Supplier or the Buyer continues to use TECHDesign Services, it shall be deemed that the Supplier or the Buyer has agreed to the changed or amended provisions. If the Supplier or the Buyer does not agree to the changed or amended provision, Nuvoton may terminate the Terms and Conditions with such Supplier or Buyer. In the event that either the Supplier or the Buyer does not agree to the changed or amended provisions and terminates the Terms and Conditions with Nuvoton, the orders, Project or any transactions which have been agreed by the Buyer and the Supplier prior to the termination shall be governed by the version of Rules and the Terms and Conditions before the change or amendment.