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TERMS OF TRADE & DELIVERY FOR TELEORDER OF CONSUMERS

LECON^® Produkte Vertriebsgesellschaft m.b.H. / McEyewear (McEyewear in the following)

1. General: These terms are obligatory for all teleorders by consumers directed to McEyewear and subsequent trade transactions even, if there is not explicitly refered to. Declarations to the contrary from the side of the orderer are legally ineffective, even if they remein uncontradicted by McEyewear. Purchase terms of the orderer are explicitly excluded. All informations and data in our Web Site (http://www.mceyewear.com), in any official catalogue or product description et al. are made with reservation of modifications in production and can be changed without previous announcement. Errors reserved. The true colour tones cannot be reproduced in publishing. Changes in colour reserved. Drawings and photographs only serve to illustrations. Deviations reserved. All offers by McEyewear are without engagement as far as they are not characterized as binding

2. Orders: Orders are accepted by 1) submission of the online Orderform for Consumers, by 2) submission of the Orderform for Consumers to Print and Fax to McEyewear at +43 1 405 74 71, or by 3) submission of the Orderform for Consumers to Print and Mail to McEyewear, Lecon Produkte Vertriebs GmbH, Feldgasse 1, A-1080 Vienna, Austria, Europe. Oral additions or such by e-mail, fax, mail, phone et al. and any modifications need a subsequent confirmation by McEyewear in writing for their validity.

3. Prices: Prices in ATS Austrian Shillings exclusive VAT, shipping additionals and transport insurances. All prices with reservation to changes, errors or misprints. Taxes and duty are on the orderer´s debit. Any duty and import turnover tax depending on the orderer´s shipping address is regularly collected after delivery by post-men. Extra charges resulting on subsequent changes or additional requests of the orderer are accounted seperately.

4. Payment: At mail-orders, orderers may choose between the payment options at the Orderform for Consumers: 1) CreditCard, 2) Order Check 3) Not Negotiable Check, 4) T T / Telegraphic Transfer, 5) Bank Transfer / Foreign Remittance Order. All inland- and foreign charges in connection with theses payment options are to the orderer´s debit. Representatives are not authorized for collection.

5. Delivery: Ordered products are delivered after full in-payment. At orders comprising a number of positions, part deliveries are admissible. A removal into delay is suspended as far as the delay in delivery is due to circumstances McEyewear is not responsible for, as particularly force majeure, mobilization, war, warlike incidents or other worriments, delays of transport, strike or any interruption of transport. For the duration of such or the like events McEyewear is dispensed from the duty of performace in time. Acceptance of the products by the orderer asserts as approval of the delivery date. In general delivery is made from stocks in Vienna, Austria for the danger of the receiver by post or other qualified transport enterprises. Any delivery immediately has to be examined for quality and completeness. For insurance claims, transport defects have to be asserted immediately after receipt of the ordered products and have to be proved to McEyewear within 8 days after delivery by registrated communication in writing. After expiration of time-limit the delivered products are agreed. For security, at air freight-, railway freight- or forwarding-transports defects have to be certified on the consignment-note before taking over the consignment. The orderer bears the danger of official restrictions or such by administrative law concerning the admissibility of the ordered products. The orderer is obliged to obtain foreign exchange permissions or any other administrative permissions at his costs.

6. Warranty: At mail-orders, McEyewear guarantees an unrestricted right to return undamaged, unused optical frames or sunglasses with unbroken original seal and cord to McEyewear, Lecon Produkte Vertriebs GmbH, Feldgasse 1, A-1080 Vienna, Austria, Europe within 14 days after having received the ordered product. The original Certificate of Genuineness and a copy of the original bill must be sent with the returned product. After receipt, at wish of the orderer, we exchange the product or repay the product price except shipping additional and transport insurance costs. Complaints concerning visible defects of the delivered products have to be made within a time-limit of 8 days after receipt of the products and complaints concerning at the time of delivery not visible material defects within a warranty time of 6 months immediately after discovery by registrated communication in writing. We only exchange products we have delivered. We do not guarantee for damages resulting on atypical use, e.g. mechanical impacts, or if parts of foreign origin have been incorporated, or if repair has been made by foreign party, or for defects resulting on the execution of explicit customer´s orders. At founded complaint within time-limit we partly or in whole exchange the product into another similar one or a product of the same kind without damages. Redelivery of objected products needs the explicit previous agreement of McEyewear and effects on costs and danger of the orderer. At complaints about defects being visible or which had to be visible at the time of delivery we can only accept redelivery of objected products with unbroken original seal and cord within 8 days after delivery. Further claims against McEyewear are out of question. Durability of colours and material and its compatibility with environment and health as well as other material-qualities can be guaranteed corresponding to the guaranties of our pre-suppliers.

7. Liablity: McEyewear is not responsible for damages as far as intention or gross negligence cannot be prooved. Further liability is out of question. In case of consequential damages resulting on defects, McEyewear is only responsible in cases of its intention or gross negligence. As far as no ultimate consumer comes to harm, liability for material damages according to product-liability-law are out of question.

8. Final terms: All agreements are subject to the law of the Republic of Austria. The apply of the UN-agreements about international ware purchase is out of question by agreement. The orderer declares that he is aware of the true value of the ordered products and that he purchases the same by special preference. Thus a contestation about shortening over the half does not take place. For any law-suits the exclusive jurisdiction of the competent court in Vienna is agreed. Should part of these terms of trade and delivery be invalid in whole or partially, the effectiveness of the other part is not concerned. An invalid provision shall be replaced by another valid one coming closest to the commercial object of the invalid provision. Agreements and promises diverging from these terms of retail trade and delivery are only valid, if effecting in writing and being signed firm-officially by McEyewear.

Valid from 1998 07 01