TERMS AND CONDITIONS OF SALE WARRANTY CLAIMS Claims must be written and accompanied by samples demonstrating the complaint. Liability for any claim shall be limited to the stated selling price of any defective goods, and shall in no event include special, consequential, incidental, punitive, exemplary or other damages, including loss of anticipated profits, whether or not based upon seller’s negligence, breach of warranty or any other cause of action, or for delay in delivery, or for misuse or abuse of the product by buyer or others in the chain of distribution. Frames returned as defective, which were damaged due to improper handling, abuse, or normal wear and tear, will not be accepted for credit, return, or exchange. Specific warranty terms and conditions are limited and subject to the warranty policy, a copy of which is available from Marcolin USA upon request. OTHER CLAIMS All claims for shortages, mis-ships, etc, must be made in writing WITHIN TEN (lO) BUSINESS DAYS OF INVOICE DATE and must be accompanied by the original invoice. EXCHANGES EXCHANGES ARE FOR REPLACEMENT PRODUCTS OR CREDIT TOWARD FUTURE PURCHASES OF OUR PRODUCTS ONLY, NOT FOR CASH OR OTHER CREDIT. No exchange of products will be accepted unless previously authorized in writing by a sales consultant or authorized agent of Marcolin USA. Exchanges are limited and subject to the Exchange Policy and Procedures, a copy of which is available from Marcolin USA upon request. Frames must be returned in original condition and packaging, with demo lenses intact, free of any customer modifications, such as personal markings, disassembly, etc. All frames must be returned with original case or a service charge may be applied at our discretion. We reserve the right to charge a refurbishing fee if we accept a return for exchange or credit that does not meet all the conditions outlined in our Exchange Policy. The fee will reflect the cost to refurbish the frame to its original condition. Special value frames purchased at reduced prices are final sale merchandise and are not returnable for exchange or credit for any reason. Buyer is responsible for any risk and expense associated with return shipments of frames for exchange or credit. All return shipments should be fully insured. RESALE TERMS AND CONDITIONS: Buyers understands and agrees that all merchandise purchased from Marcolin USA is exclusively for in-office or in-store resale to buyer's retail customers, and are not for distribution at wholesale or for resale in any other manner. Internet sales are prohibited. Proposed sales at any new authorized retail outlet requires advance written approval from Marcolin USA. Resale or transshipments of our merchandise to an unauthorized location or to any other business breaches the terms and conditions of sale and may result in non-shipment or termination of the buyer's business relationship and any contract with Marcolin USA. Marcolin USA also reserves the right to take any other action allowed by law. CONTINGENCIES: There shall be no liability to Marcolin USA as a result of any Acts of God, strikes, lockouts, fire, lost shipments or delays of carriers or suppliers, or governmental acts and regulations or any circumstances beyond the reasonable control of Marcolin USA. STANDARD PAYMENT TERMS: Net 30 days EOM. A late charge will be applied at the rate of 1-1/2% per month on all past due account balances. A past due balance may result in the discontinuance of any discounts and may cause interruption of services. All prices are based on our current price list and are subject to change without notice. Orders are accepted subject to prices in effect at the time of shipment. Shipments are F.O.B. Scottsdale, Arizona. In the absence of specific shipping instructions, shipments will be made in the most reasonable manner determined by Marcolin USA. CONTRARY TERMS: These terms and conditions of sale supercede any terms and conditions appearing on the buyer's purchase order or other documents, and all verbal communications and/or understandings. Unless specifically provided herein, no other terms or conditions shall apply. Circumstances not provided for in this agreement or in a written agreement with Marcolin USA shall be governed by the provisions of the Commerical Code, as adopted in Arizona. The contract is subject to and governed by the laws of the State of Arizona. ATTORNEY'S FEES: Buyer shall be responsible for all reasonable expenses, costs and attorney's fees incurred to collect monies owed hereunder. These Terms and Conditions of Sale are subject to change in writing by Marcolin USA. EXCHANGE POLICY AND PROCEDURES Exchanges are for replacement product only, not for cash or other credit. No exchange of products will be accepted unless previously authorized in writing by a sales consultant or authorized agent of Marcolin USA, Inc. Exchanges are limited and subject to Marcolin’s policy and procedures. Frames returned must be in original condition and packaging, case included when appropriate, with demo lenses intact, free of any customer modifications, such as personal markings, disassembly, etc. For your protection, please fully insure all shipments. We will charge a refurbishing fee if we accept a return that does not meet all the conditions outlined in our Exchange Policy. The fee will reflect the cost to refurbish the frame to its original condition. Frames purchased at special value or discounted prices are final sale merchandise and are not returnable for exchange or credit. Marcolin will accept any discontinued collections within 1 year from the date of discontinuation. The policies stated here supersede any others previously published. Prices and conditions subject to change without prior notice. For further information on Marcolin terms and conditions of sale, please contact your Sales Consultant or the Marcolin Customer Service Satisfaction Department toll-free at (800) 537-9265. WARRANTY POLICY Marcolin USA, Inc. offers a 2-year warranty from invoice date against any manufacturer’s defects on all adult eyewear collections. Manufacturer’s defects are defined as the breaking of solder or weld points, discoloration of finishes not associated with normal wear, loosening of embedded hinges, etc. Marcolin USA, Inc. will also warranty any ancillary part or detail of a Marcolin frame that is defective. Abused eyewear will not be warranted under any conditions. Marcolin USA, Inc. offers a 2-year from invoice date, no-fault warranty on all its children’s eyewear collections and parts. Marcolin USA, Inc. will replace the affected defective part only. If Marcolin USA, Inc. determines a returned frame or part has been abused, Marcolin USA, Inc. will return that frame or part with a letter of explanation. Marcolin USA, Inc. reserves the right to make the final decision regarding defective merchandise or abused eyewear. REFURBISHING CHARGE POLICY Marcolin USA Inc. will begin charging a Refurbishing Fee on July 1, 2006 as per our Terms and Conditions of Sale and Exchange Policy. The fee will be 10% of the net invoice price. The fee will be applied to frames not returned in the following condition: Frames must be returned in original condition and packaging free of any customer modifications such as personal markings, disassembly, adjustments, etc. Frames must be returned with original demo lenses. Frames must be individually bagged to protect them from damage during transit. Original case must be returned with product, when case was provided. RETURNS GUIDELINES General Returns/Exchange Acceptance Polices: Please refer to the reverse side of Marcolin USA Inc. invoice for complete terms of sale, exchange and warranty coverage. Additional returns requirements/limitations: Customer is responsible for all expenses and insurance associated with return shipments for exchange or credit. All return shipments should be fully insured. Products must be shipped to our Scottsdale Distribution Center All returned product must be accompanied by a copy of the original invoice and/or Return Authorization (R.A.) provided by your Sales Representative. Special value and closeout frames purchased at reduced prices are final sale merchandise and are not returnable for exchange. Please note that Proof of Delivery (POD) alone does not substantiate the number of frames received; in the case of shortages/overages on customer returns. Marcolin will issue credit only for items actually received. In the event of discontinuation of an entire Brand: to accommodate legal requirements, merchandise from discontinued brands will be accepted for exchange for a period of no longer than 1 (one) year from date of the discontinuation of the Brand. Warranty exchanges will be honored per original terms of sale. Prescription lenses included with returned product will be discarded. Frames returned as defective which Marcolin USA Inc. determines to have been damaged due to improper handling, abuse, or normal wear and tear will not be accepted for credit, return or exchange. A Marcolin USA Inc. Customer Service representative will contact customer in this case. If buyer requests such product to be returned it will be at buyer's expense. Otherwise, product will be discarded. No credit will be issued for merchandise shipped in error to Marcolin. Non-Marcolin product may be discarded at Marcolin's discretion. Condition of Frames Returned for Exchange: As noted in Terms of Sale, Marcolin USA Inc. reserves the right to charge a refurbishing fee if returns are not in the following condition: Frames must be returned in original condition and packaging free of any customer modifications such as personal markings, disassembly, adjustments, etc. Frames must be returned with original demo lenses. Frames must be individually bagged to protect them from damage during transit. Original case must be returned with product, when case was provided. CONSUMER HANDLING POLICY Marcolin USA, Inc. does not accept returns or exchanges from consumers (aka end-users). Marcolin USA, Inc. conducts business exclusively with our direct accounts on all sales, warranty exchanges and returns. Therefore, all consumer inquiries regarding frame replacement for any reason shall be referred back to the store where they purchased the frames for repair or replacement. The policies stated here supersede any others previously published. Conditions are subject to change without prior notice. For further information on Marcolin terms and conditions of sale, please contact your Sales Consultant or the Marcolin Customer Service Satisfaction Department toll-free at (800) 537-9265This communication is the property of Marcolin USA and may contain confidential or privileged information. Unauthorized use of this communication is strictly prohibited and may be unlawful. If you have received this communication in error, please immediately notify the sender by reply e-mail and destroy all copies of the communication and any attachments.

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