GOWIN Terms of Service

1. General

These Terms and Conditions of Sale ("Terms") apply to all quotations, offers, and sales of products by Hong Kong GOWIN Semiconductor Co. Ltd. ("Seller") to the buyer ("Buyer") via shop.gowinsemi.com. By placing an order, Buyer agrees to be bound by these Terms.

2. Order Acceptance and Fulfillment

All orders are subject to acceptance by Seller. While the website is hosted by a US subsidiary, the legal contract for sale is exclusively between Buyer and Hong Kong GOWIN Semiconductor Co. Ltd. Seller reserves the right to cancel any order for any reason, including credit concerns or export restrictions.

3. Payment

Payment must be made in full at the time of order via PayPal. All payments are processed by the Seller’s Hong Kong-based account. Prices are exclusive of taxes, impositions, and other charges, including sales, use, excise, value-added, and similar taxes or charges imposed by any government authority.

4. Shipping and Delivery

Origin: All goods are fulfilled and shipped from Hong Kong.
Terms: Delivery is EXW (Ex Works) Seller’s warehouse (Incoterms 2020), unless otherwise agreed.
Import Duties: Buyer is the "Importer of Record" and is responsible for all import duties, taxes, and customs clearance fees in the destination country.
Title: Title and risk of loss pass to Buyer upon delivery to the common carrier.

5. Export Control (EAR99)

Buyer acknowledges that the products are subject to the export control laws and regulations of the United States and other applicable jurisdictions.
All products currently listed are classified as EAR99.
Buyer represents that it is not a "Denied Person" or "Restricted Party" under any U.S. Government screening list.
Buyer shall not export, re-export, or transfer products to any embargoed or sanctioned countries (e.g., Cuba, Iran, North Korea, Syria).

6. Limited Warranty

Seller warrants that products will conform to the published specifications for a period of 90 days from the date of shipment. This warranty does not apply to products that have been subject to misuse, static discharge, neglect, accident, or modification.
Disclaimer: EXCEPT AS STATED HEREIN, SELLER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

7. Limitation of Liability

In no event shall Seller be liable for any indirect, special, incidental, or consequential damages (such as loss of profits or revenue). Seller’s liability for any claim shall not exceed the purchase price of the specific products giving rise to such claim.

8. Returns and Refunds

Due to the nature of semiconductor components, returns are only accepted for defective material with a valid Return Material Authorization (RMA). Non-defective "change of mind" returns are generally not accepted.

9. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region, without regard to conflict of law principles. Any disputes shall be subject to the exclusive jurisdiction of the courts of Hong Kong.

10. Use in Life Support and Critical Applications

Products sold by Hong Kong GOWIN Semiconductor Co. Ltd. are not designed, intended, or authorized for use as components in systems intended for surgical implant into the body, or other applications intended to support or sustain life, or for any other application in which the failure of the product could create a situation where personal injury or death may occur (collectively, "Critical Applications").
No Authorization: Buyer acknowledges that Seller has not authorized the use of any products in Critical Applications.
Indemnification: Should Buyer purchase or use the products for any such unauthorized Critical Application, Buyer shall indemnify and hold Hong Kong GOWIN Semiconductor Co. Ltd. and its affiliated companies (including Melody Semiconductor LLC) harmless against all claims, costs, damages, and expenses, including reasonable attorney fees, arising out of any claim of personal injury or death associated with such unauthorized use, even if such claim alleges that Seller was negligent regarding the design or manufacture of the part.