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How does the 2021 Solta Thermage FLX RF generator elevate medical aesthetics—without inflating costs, downtime, or operational risk?

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The 2021 Solta Thermage FLX RF generator powers one of the most proven non‑invasive skin tightening platforms, delivering controlled radiofrequency (RF) energy to remodel collagen and tighten lax facial and body skin in a single session. When paired with a structured sourcing, maintenance, and upgrade strategy, practices can maximize ROI, patient satisfaction, and long‑term device reliability without being locked into restrictive OEM contracts or service fees.

How bad is the current aesthetic device market for practices?

The global aesthetic device market is projected to grow at a CAGR of 10.1% between 2022 and 2030, yet many clinics still struggle with equipment acquisition, reliability, and resale value. High upfront costs and restrictive OEM service models mean many practices either overpay for new units or take on significant risk when buying used machines.

Inventory turnover is slow, and many devices sit idle for months waiting for repairs or calibration. Unplanned downtime can cost clinics thousands per month in lost revenue and eroded patient trust. There is also a growing gap between clinics that have access to the latest, fastest, most comfortable technologies and those still relying on older platforms.

Why do so many clinics still struggle with Thermage FLX performance and uptime?

Despite its strong clinical reputation, many clinics report inconsistent treatment outcomes and frequent service calls with the Thermage FLX system. Common issues include inconsistent RF energy delivery, tip calibration errors, and hardware failures after just a few years of use.

These problems are often traced back to poor inspection, improper repair history, and lack of standardized maintenance. When a device is bought “as‑is” second‑hand, clinics have no visibility into how many pulses it has used, how it was stored, or whether critical components like the RF generator, cooling system, or control board have been properly serviced.

What makes sourcing and owning a 2021 Thermage FLX so risky today?

The secondary market for Thermage FLX units is crowded, but very few sellers offer transparent, performance‑verified devices. Many units are sold as “used” or “refurbished” without clear documentation of repairs, calibration, or warranty status.

Without a standardized inspection and reconditioning process, practices risk buying an underperforming device that delivers inconsistent energy, fails prematurely, or does not meet regulatory performance standards. This leads to higher total cost of ownership, more frequent repairs, and limited resale value when it’s time to upgrade.

How are traditional approaches to buying and maintaining Thermage FLX falling short?

Most clinics still rely on three main approaches: buying new from the OEM, buying used from third‑party dealers, or leasing through OEM programs. Each has clear limitations in cost, control, and long‑term value.

Traditional Approach 1: Buy new from OEM

  • Very high upfront cost, often $35,000+ for a new Thermage FLX system.

  • Requires long‑term service contracts and recertification fees, locking in high recurring costs.

  • Limited flexibility to upgrade or trade in later; resale value is poor once the device is even a year old.

Traditional Approach 2: Buy used “as‑is”

  • Lower initial price, but device history and reliability are often unknown.

  • No warranty or performance guarantee; many units arrive with hidden issues (e.g., low RF output, calibration drift).

  • Repair costs can quickly exceed the purchase price, and OEM may refuse to service non‑new units.

Traditional Approach 3: Lease through OEM

  • Predictable monthly payments, but no equity in the device.

  • End‑of‑lease buyout is often high, and renewal terms are not always favorable.

  • clinics remain dependent on the OEM for parts, service, and training.

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These approaches leave many clinics overpaying for ownership, lacking control over maintenance, and exposed to long‑term obsolescence risk.

How can a 2021 Solta Thermage FLX RF generator be turned into a true practice asset?

A smarter, data‑driven model exists: buy a high‑quality, pre‑owned 2021 Thermage FLX RF generator that has been professionally inspected, repaired, and reconditioned, then manage it through a transparent, vendor‑agnostic support and upgrade path.

Core capability 1: Performance‑verified 2021 Thermage FLX units

  • Every 2021 Solta Thermage FLX RF generator is processed through a dedicated biomedical Smart Center, where RF output, cooling, control boards, and safety systems are tested against OEM‑level standards.

  • Units are restored to clinically reliable performance, with clear documentation of usage, repairs, and remaining pulse life.

  • This delivers nearly new performance at a fraction of the cost of a new system.

Core capability 2: Brand‑agnostic sourcing platform (Lasermatch)

  • A centralized inventory platform makes it easy to compare and select 2021 Thermage FLX RF generators by condition, age, remaining pulse life, and price.

  • Practices can filter by minimum performance standards, warranty, and included accessories, removing the guesswork from buying used devices.

  • This ensures that clinics only consider units that meet their specific clinical and operational requirements.

Core capability 3: Vendor management system (MET) for support and upgrades

  • Instead of relying solely on OEM channels, practices gain access to a vetted network of independent service engineers and trainers who specialize in Thermage FLX systems.

  • Service can be scheduled flexibly, with transparent pricing and no mandatory service contracts.

  • When it’s time to upgrade, a trade‑up program allows clinics to move to newer platforms (e.g., next‑generation RF, energy‑based devices) without penalties or recertification fees.

From acquisition to end‑of‑life, this approach turns the Thermage FLX from a risky, high‑cost liability into a predictable, high‑utility asset.

What are the concrete advantages of this new model vs. old approaches?

Here is a direct comparison of a traditional OEM lease/purchase model versus a performance‑managed, vendor‑agnostic approach for a 2021 Solta Thermage FLX RF generator:

Feature Traditional OEM Lease or New Purchase Performance‑Managed 2021 Thermage FLX (via ALLWILL)
Initial cost $35,000–$50,000+ $15,000–$25,000 (verified pre‑owned 2021 unit)
Service model Mandatory service contracts, high per‑repair fees Optional, transparent, no contract lock‑in
Warranty and support From OEM only, limited to new units 3–12 month warranty, 24/7 support, global service network
Repair history Often unknown or not disclosed Full repair log, performance test data, and usage history
Upgrade path Costly buyout, limited trade‑in value Structured trade‑up to newer RF or hybrid devices
Total ownership period 3–5 years (lease term) 5+ years at lower TCO, with retained resale value
Training and clinical support Tied to OEM schedule and pricing On‑demand, practice‑based training via vetted experts

This model directly reduces the cost of entry, improves uptime, and gives practices true control over their device lifecycle.

How do you actually implement this approach step by step?

Clinics can adopt this new model in five clear, repeatable steps:

  1. Define your needs and budget

    • Determine the minimum features required (e.g., RF generator, specific tips, software version).

    • Set a realistic budget for the 2021 Thermage FLX RF generator, including a small buffer for accessories or training.

  2. Source a verified 2021 unit via Lasermatch

    • Use the inventory platform to filter 2021 Solta Thermage FLX RF generators by condition, warranty, and remaining pulse life.

    • Select a unit that has been inspected and reconditioned in a certified biomedical Smart Center, not just “cleaned and resold.”

  3. Secure warranty and service access

    • Confirm that the device comes with a clear warranty (e.g., 3–12 months on core components).

    • Onboard the vendor management system (MET) to gain access to vetted technicians and trainers for ongoing support.

  4. Deploy and validate in your clinic

    • Perform a formal acceptance test: verify RF output, cooling, and safety interlocks.

    • Run a few test treatments to confirm clinical performance and patient comfort match expectations.

  5. Plan for long‑term ownership and upgrade

    • Track usage and maintenance needs proactively using simple logs.

    • Schedule periodic checks and re‑calibration through the vendor network, not just when problems occur.

    • At 60–70% of the expected lifespan, activate the trade‑up program to transition to a newer platform.

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This structured process turns device acquisition from a one‑time, risky purchase into a repeatable, low‑friction operation.

What are real‑world results when clinics adopt this model?

Here are four typical clinic scenarios and how they benefited from sourcing a 2021 Solta Thermage FLX RF generator through a performance‑managed, vendor‑agnostic approach.

Case 1: Mid‑sized dermatology clinic adding Thermage FLX

  • Problem: Wanted to offer Thermage FLX as a premium tightening service but could not justify $40,000+ for a new system.

  • Traditional approach: Leasing a new unit with $1,200/month payments and mandatory service contracts.

  • After: Sourced a verified 2021 Solta Thermage FLX RF generator for $18,400 with a 6‑month warranty and 24/7 support access.

  • Key benefits:

    • Break‑even in 12 months at 15–20 patients per month.

    • No service contract penalties; saved $8,000 in the first year.

    • Patient satisfaction scores for comfort and results matched those of new units.

Case 2: Aesthetic chain upgrading from older Thermage CPT

  • Problem: Multiple locations had aging Thermage CPT systems that were slow, uncomfortable, and required frequent repairs.

  • Traditional approach: Keep patching old units and eventually buy new FLX systems at full price.

  • After: Replaced the oldest CPT units with refurbished 2021 Thermage FLX RF generators, sourced with full inspection reports and extended warranties.

  • Key benefits:

    • 25% faster treatment times and better patient tolerance (FLX vibration and cooling).

    • Reduced service calls by 60% compared to old CPT units.

    • Freed up capital to roll out other devices (e.g., fractional lasers) across the chain.

Case 3: Start‑up medspa controlling upfront costs

  • Problem: Launching a new medspa with a tight equipment budget; needed proven RF but could not afford new FLX.

  • Traditional approach: Buying an unknown used FLX “as‑is” for $12,000, risking frequent downtime and high repair bills.

  • After: Purchased a 2021 Thermage FLX RF generator that had been biomedically inspected and reconditioned, with a 12‑month warranty and access to independent service.

  • Key benefits:

    • Strong marketing differentiator: “Clinically verified, performance‑guaranteed Thermage FLX.”

    • Zero catastrophic failures in the first 18 months; planned maintenance only.

    • Enabled a 15% higher pricing for Thermage FLX compared to competitors using older or low‑quality units.

Case 4: High‑end clinic planning for future upgrades

  • Problem: Already had a new Thermage FLX but wanted a secondary unit for overflow and to extend equipment life without heavy OEM ties.

  • Traditional approach: Buying a second new unit and paying for two full OEM contracts.

  • After: Added a 2021 Thermage FLX RF generator as a secondary unit, sourced with a 6‑month warranty and integrated into the trade‑up program.

  • Key benefits:

    • 40% lower total cost compared to a second new unit.

    • Both units centrally managed, with predictable maintenance via a single vendor network.

    • When the newer unit reached ~60% of its lifecycle, the 2021 unit was traded in for a newer RF or hybrid platform, minimizing cash outlay.

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Each case shows that the value is not just in lower price, but in higher reliability, better control, and a clear path to future upgrades.

How should practices think about the future of RF and aesthetic devices?

The RF and energy‑based device market is moving toward faster, more comfortable, and more predictable treatments, but also toward higher complexity and cost. Clinics that want to stay competitive cannot afford to treat devices as one‑time purchases; they must manage them as high‑value clinical assets.

This means:

  • Prioritizing performance verification and repair history over “new” labels.

  • Building relationships with independent, vendor‑agnostic service and training networks.

  • Designing a clear upgrade path that avoids OA overpaying for new units or getting stuck with obsolete technology.

A 2021 Solta Thermage FLX RF generator, when sourced and managed correctly, is not just a tool for skin tightening—it’s a test case for a smarter, more sustainable way to own and operate aesthetic devices. The longer clinics wait to adopt this model, the more they leave on the table in terms of cost, control, and patient satisfaction.

FAQ

Is a 2021 Solta Thermage FLX RF generator still clinically effective today?
Yes, the 2021 Thermage FLX RF generator delivers the same core RF energy and treatment protocols as newer units when properly maintained. Its performance is validated by extensive clinical data and continues to be a standard for non‑invasive tightening.

How can I verify the condition of a used 2021 Thermage FLX RF generator?
Look for a unit that has been inspected and reconditioned in a certified biomedical Smart Center, with documented RF output tests, cooling system checks, and a clear repair history. Avoid units sold “as‑is” with no performance data.

Can I avoid OEM service contracts and still get reliable support?
Yes, many clinics now use independent, vetted service engineers and training experts who specialize in Thermage FLX systems. This provides flexible, transparent support without being locked into long‑term OEM contracts or recertification fees.

What is the typical lifespan of a 2021 Thermage FLX RF generator?
With proper maintenance, a 2021 unit can deliver reliable clinical performance for 5–7 years or longer. Key factors are regular calibration, proper handling of tips, and avoiding excessive heat stress or power surges.

How does a trade‑up program work for a 2021 Thermage FLX RF generator?
A structured trade‑up program lets clinics exchange a verified 2021 FLX unit for a newer RF or energy‑based device when it reaches a certain age or usage threshold, often without paying full recertification fees or losing all resale value.

Sources

  • Global aesthetic devices market growth forecast

  • Clinical performance data for Solta Thermage FLX RF systems

  • Regulatory and technical specifications for Thermage FLX (RF generator, tips, safety systems)

  • Industry benchmarks for device ownership cost, downtime, and upgrade cycles

  • Case studies on total cost of ownership for RF and energy‑based devices in medical aesthetics practices

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        9.  DISCLAIMERS; NO OTHER WARRANTY. EXCEPT TO THE EXTENT AS PROVIDED IN SECTION 8(c)(i)(D), BUYER ACKNOWLEDGES THAT MRP IS NOT BOUND BY ANY WARRANTY THAT MAY BE SET FORTH IN A MANUFACTURER’S WRITTEN MATERIALS THAT WOULD HAVE APPLIED HAD BUYER PURCHASED THE EQUIPMENT DIRECTLY FROM THE MANUFACTURER IN ITS UNUSED STATE. BUYER ACKNOWLEDGES THAT BUYER HAS NOT RELIED UPON ANY WARRANTY OTHER THAN AS SET FORTH IN THIS AGREEMENT. IN ADDITION, BUYER ALSO HEREBY ACKNOWLEDGES AND AGREES THAT ANY ORAL OR WRITTEN STATEMENTS CONCERNING USE AND REGULATION OF MEDICAL DEVICES SOLD BY MRP ARE AND SHALL BE CONSTRUED AS FOR INFORMATIONAL PURPOSES ONLY AND WITHOUT WARRANTY OR ASSURANCE BY MRP AS TO THEIR ACCURACY OR VALIDITY. MRP ALSO HEREBY DISCLAIMS ANY AND ALL WARRANTIES REGARDING OTHER MEDICAL CARE OR HELP, INCLUDING THE SELECTION OF AESTHETIC AND MEDICAL PROCEDURES AND PRODUCTS FOR, OR CARE OF, PATIENTS. THE LIMITED WARRANTIES OF THIS AGREEMENT, IF APPLICABLE TO ANY EQUIPMENT OR SERVICE FURNISHED UNDER THIS AGREEMENT, CONSTITUTE THE ONLY WARRANTIES MADE WITH RESPECT TO THE EQUIPMENT AND/OR SERVICE AND ANY DEFECT, DEFICIENCY OR NONCONFORMITY. TO THE EXTENT PERMITTED BY LAW, SUCH WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.

        10.  LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL MRP BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES, ARISING FROM, RELATED TO OR CAUSED, DIRECTLY OR INDIRECTLY, WHETHER FORESEEABLE OR NOT, BY THE EQUIPMENT AND/OR THE SERVICES, THE USE OR INABILITY TO USE THE EQUIPMENT, THE RESULTS GENERATED FROM THE EQUIPMENT AND/OR THE SERVICES, THIS AGREEMENT, ANY OTHER ACT OR OMISSION OF MRP, OR BASED UPON ANY OTHER LEGAL THEORY. IN NO EVENT SHALL MRP BE LIABLE FOR ANY LOSSES OF REVENUE, USE, BUSINESS OPPORTUNITY, PROFIT, SAVINGS OR ANY OTHER DAMAGES DUE TO ANY CAUSE WHATSOEVER, EVEN IF MRP OR ITS AGENTS HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. THE FOREGOING IS A SEPARATE, ESSENTIAL TERM OF THIS AGREEMENT, AND SHALL BE EFFECTIVE UPON THE FAILURE OF ANY REMEDY, EXCLUSIVE OR NOT. IN NO EVENT WILL MRP’S TOTAL LIABILITY UNDER THIS AGREEMENT EXCEED THE PURCHASE PRICE ACTUALLY PAID TO MRP BY BUYER FOR THE EQUIPMENT AND/OR THE SERVICES GIVING RISE TO THE CLAIM FOR WHICH DAMAGES ARE BEING SOUGHT. NO SUIT OR ACTION MAY BE BROUGHT BY BUYER, ITS SHAREHOLDERS, DIRECTORS, MANAGERS, EMPLOYEES OR AGENTS FOR ANY BREACH OF THIS AGREEMENT MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION. IT IS AGREED THAT MRP’S LIABILITY IS SO LIMITED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BUYER ASSUMES ALL RISK AND LIABILITY FOR THE RESULTS OBTAINED BY THE USE OF ANY EQUIPMENT IN THE PRACTICE OF ANY PROCESS, WHETHER IN TERMS OF OPERATING COSTS, GENERAL EFFECTIVENESS, SUCCESS OR FAILURE, AND REGARDLESS OF ANY ORAL OR WRITTEN STATEMENTS MADE BY MRP, BY WAY OF TECHNICAL ADVICE OR OTHERWISE, RELATED TO THE USE OF THE EQUIPMENT.

        11.  BUYER’S REPRESENTATIONS AND WARRANTIES. Buyer represents and warrants to MRP that: (a) Buyer is duly organized, validly existing, and in good standing in the jurisdiction of Buyer’s formation; (b) Buyer is duly qualified to do business and is in good standing in every jurisdiction in which such qualification is required; (c) Buyer has the full right, power, and authority to enter into this Agreement and to perform Buyer’s obligations under this Agreement; (d) the execution of this Agreement by the person whose signature is set forth at the end hereof has been duly authorized by all necessary corporate action of Buyer; (e) when executed and delivered by each of MRP and Buyer, this Agreement will constitute the legal, valid and binding obligation of Buyer, enforceable against Buyer in accordance with its terms; (f) Buyer is in compliance with all applicable laws relating to this Agreement, the Equipment and the operation of Buyer’s business; (g) Buyer is not insolvent and is paying all of its debts as they become due; and (h) all financial information that Buyer has provided to MRP is true and accurate and fairly represents Buyer’s financial condition.

        12. PROPRIETARY RIGHTS.

(a) Ownership. No sale shall be construed as granting to Buyer any license or other right in, or to, any of MRP’s (i) patents; (ii) trademarks; (iii) internet domain names, whether or not trademarks, registered by any authorized private registrar or governmental authority, web addresses, web pages, websites and URLs; (iv) works of authorship, expressions, designs and design registrations, whether or not copyrightable, including copyrights and copyrightable works, software and firmware, technical data, data files, and databases and other specifications and documentation; (v) trade secrets; (vi) environmental or other testing applicable to the Equipment and/or the Services; and (vii) industrial and other intellectual property rights, and all rights, interests, and protections that are associated with, equivalent or similar to, or required for the exercise of, any of the foregoing, however arising, in each case whether registered or unregistered and including all registrations and applications for, and renewals or extensions of, such rights or forms of protection pursuant to the laws of any jurisdiction throughout in any part of the world (collectively, the “Intellectual Property Rights”).

(b) Prohibited Acts. Buyer shall not (i) take any action that might interfere with any of MRP’s rights in or to Intellectual Property Rights, including MRP’s ownership or exercise thereof; (ii) challenge any right, title, or interest of MRP in or to the Intellectual Property Rights; (iii) make any claim or take any action adverse to MRP’s ownership of the Intellectual Property Rights; (iv) register or apply for registrations, anywhere in the world, for MRP’s trademarks or any other trademark that is similar to MRP’s trademarks or that incorporates MRP’s trademarks in whole or in confusingly similar part; (v) use any mark, anywhere that is confusingly

similar to MRP’s trademarks in whole or in confusingly similar part; (vi) engage in any action that tends to disparage, dilute the value of or reflect negatively on the Equipment and/or the Services or any of MRP’s trademarks; (vii) misappropriate any of MRP’s trademarks for use as a domain name without prior written consent from MRP; or (viii) alter, obscure or remove any of MRP’s trademarks, or trademark or copyright notices or any other proprietary rights notices placed on the

Equipment, marketing materials or other materials that MRP may provide.

        13.  CONFIDENTIAL INFORMATION. Without the prior written consent of MRP,Buyer, directly or indirectly, shall not disclose (and will direct its directors, shareholders, employees and agents not to disclose) any Confidential Information. The term “Confidential Information” means any information of or relating to MRP or the Equipment and/or the Services not generally known to the public (other than as a result of disclosure in violation of this Agreement) in spoken, printed, electronic or any other form or medium, including, but not limited to, business processes, practices, methods, policies, plans, publications, documents, research, operations, services, strategies, techniques, agreements, contracts, transactions, potential transactions, know-how, trade secrets, databases, manuals, records, supplier information, financial information, accounting information, legal information, marketing information, pricing information, payroll information, personnel information, and supplier lists.

        14.  NON-SOLICITATION. Buyer agrees not to solicit or hire any personnel of MRP involved with the delivery of the Services during the provision of such Services and for twelve (12) months after the completion of such Services; provided, however, that Buyer may hire individuals employed by MRP who, without other solicitation, respond to advertisements or solicitations aimed at the general public.

        15.  EQUITABLE REMEDIES. Buyer acknowledges and agrees that (a) a breach or threatened breach by Buyer of any of its obligations under Sections 13 or 14 would give rise to irreparable harm to MRP for which monetary damages would not be an adequate remedy and (b) in the event of a breach or a threatened breach by Buyer of any such obligations, MRP shall, in addition to any and all other rights and remedies that may be available to MRP at law, at equity, or otherwise in respect of such breach, be entitled to equitable relief, including a temporary restraining order, an injunction, specific performance, and any other relief that may be available from a court of competent jurisdiction, without any requirement to post a bond or other security, and without any requirement to prove actual damages or that monetary damages will not afford an adequate remedy. Buyer agrees that Buyer will not oppose or otherwise challenge the appropriateness of equitable relief or the entry by a court of competent jurisdiction of an order granting equitable relief, in either case, consistent with the terms of this Section 15.

        16.  INDEMNIFICATION. Buyer agrees to indemnify, defend and hold harmless MRP and its directors, shareholders, employees and agents (collectively, “MRP Indemnitees”) against any liability, damage, loss or expense incurred by or imposed in connection with any claims, suits, actions, demands or judgments arising out of (a) any breach or non-fulfillment of any representation, warranty or covenant set forth in this Agreement by Buyer or its directors, managers, employees or agents (collectively, “Buyer’s Agents”); (b) any negligent act or omission or willful misconduct of Buyer or Buyer’s Agents in connection with this Agreement; (c) any bodily injury, death of any person or damage to real or tangible personal property caused by Buyer or Buyer’s Agents, including the use of unauthorized parts in or service of the Equipment; (d) any failure by Buyer or Buyer’s Agents to comply with any applicable laws; (e) any fraud or other intentional acts by Buyer or Buyer’s Agents; and (f) the use or operation of the Equipment, including, without limitation, any medical and/or surgical procedures performed by Buyer, and any of Buyer’s Agents, using the Equipment unless said damages are determined by a court of competence jurisdiction to be solely by the gross negligence of MRP or solely as result of a breach by MRP of the limited warranties contained herein.

        17.  DEFAULTS; REMEDIES. Notwithstanding anything herein to the contrary, should Buyer fail to pay for the order or any other amount, in whole or in part, when due or perform its other obligations under this Agreement or as otherwise mutually agreed in writing between Buyer and MRP (each, a “Default”), then MRP may take any and all actions available under law or equity to collect said amounts with a ten (10) day prior written notice, including, but not limited to, enforcing its security interest, accelerating the payment of and declaring immediately due and payable any unpaid balance of the order, referral to outside collection agencies and/or commencement of legal action. MRP’s rights shall be cumulative, and it shall not be required to have attempted to realize upon to the Equipment before taking any other collection actions. MRP may require that Buyer assemble and return any or all of the Equipment to MRP and, in the event Buyer fails to return such Equipment peaceably, enter upon the premises where such Equipment is located, with or without legal process, and repossess such Equipment. Upon a Default, Buyer agrees to pay upon MRP’s demand: (i) all costs and expenses incurred by MRP or its assignee in connection with the enforcement of any remedies, including all expenses incurred in connection with the return, sale, release or other disposition of the Equipment, including attorneys’ fees and other costs incurred by MRP or its assignee in enforcing or defending its rights and remedies under this Agreement and any other written agreement between Buyer and MRP.

        18.  COMPLIANCE WITH LAWS. Buyer shall (a) carry out the transactions contemplated by this sale and deal with the Equipment in conformity with all applicable laws, rules and regulations of all government authorities, including, without limitation, export laws, (b) obtain all permits and licenses required in connection with the purchase, shipment, installation or use of the Equipment, and (c) be solely responsible to fully understand and comply with laws, rules and regulations. Any information provided is as a convenience only.

        19.  FURTHER ASSURANCES. Upon MRP’s reasonable request, Buyer shall, at its sole cost and expense, execute and deliver all such further documents and instruments, and take all such further acts, necessary to give full effect to this Agreement.

        20.  ASSIGNMENT; SUCCESSORS AND ASSIGNS. Buyer cannot delegate any duties nor assign any rights or claims under this Agreement without MRP’s prior written consent, and any such attempt or assignment shall be void. In the event that Buyer finances its acquisition of any Equipment with a third party, Buyer may direct MRP to transfer title of such Equipment to such third-party financing company, with all remaining terms and conditions of this Agreement remaining in full force and effect. This Agreement is binding on and inures to the benefit of the parties to this Agreement and their respective permitted successors and permitted assigns.

        21.  NO THIRD-PARTY BENEFICIARIES. Subject to Section 16, this Agreement benefits solely the parties to this Agreement and their respective permitted successors and assigns, and nothing in this Agreement, express or implied, confers on any other person any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.

        22.  GOVERNING LAW; VENUE. The application of the UN Convention on Contracts for the International Sale of Goods is expressly excluded. The parties agree that any and all claims, demands, disagreements, controversies or disputes arising out of or relating to this Agreement and any agreement or document delivered in connection herewith (collectively, “Claims”) shall be governed by and construed in accordance with the laws of the State of Utah and adjudicated exclusively in the state and federal courts located in or nearest to Summit County, Utah, which courts shall have the sole and exclusive jurisdiction and venue for adjudication of all Claims. The parties hereby agree upon, consent and stipulate to the jurisdiction and venue of the aforementioned courts for the adjudication of all Claims, to the exclusion of all other courts, forums and venues whatsoever.

        23.  NON-DISPARAGEMENT. Buyer shall not disparage MRP or MRP’s trademarks, websites, products or services, or display any such items in a derogatory or negative manner on any website or in any public forum or press release.

        24.  NOTICES. Any notice, demand, or communication required, permitted or desired to be given hereunder shall be deemed effectively given when personally delivered, when sent by electronic means, when received by overnight courier, or when mailed by prepaid, certified or registered mail, return receipt requested, addressed to the other party at its address set forth on the Quote or to such other address that the receiving party may designate from time to time in accordance with this Section 25.

        25.  PUBLIC ANNOUNCEMENTS. Unless otherwise stated herein, neither party shall issue a press release or otherwise advertise, make a public statement or disclose to any third-party information pertaining to the relationship arising under this Agreement, the existence or terms of this Agreement, the underlying transactions between MRP and Buyer or agent for Buyer or refer to the other party in relation to this Agreement without the other party’s prior written approval.

        26.  ENTIRE AGREEMENT; ADDITIONAL OR INCONSISTENT TERMS. Subject to Section 32, this Agreement constitutes the sole and entire agreement between the parties hereto relating to the subject matter hereof, and any unincorporated representation, affirmation of fact, course of prior dealings, promise or condition in connection therewith, or usage of the trade, shall not be binding on either party. Terms and conditions set forth which differ from, conflict with or are not included in this Agreement shall not be part of any agreement between MRP and Buyer unless both parties specifically accept such terms and conditions in writing.

        27.  WAIVER. No waiver under this Agreement is effective unless it is in writing and signed by the party waiving its right. Any waiver authorized on one occasion is effective only in that instance and only for the purpose stated and does not operate as a waiver on any future occasion. None of the following constitutes a waiver or estoppel of any right, remedy, power, privilege or condition arising from this Agreement: any failure or delay in exercising any right, remedy, power or privilege or in enforcing any condition under this Agreement; or any act, omission or course of dealing between the parties.

        28.  SURVIVAL. Subject to the limitations and other provisions of this Agreement, the representations and warranties of Buyer contained herein shall survive the expiration or earlier termination of this Agreement for a period of twelve (12) months after such expiration o termination and (b) this Section 29 and Sections 10, 12, 13, 14, 15, 16, 17, 21, 22, 23, 24, 26, and 32 of this Agreement, as well as any other provision that, in order to give proper effect to its intent, should survive such expiration or termination, shall survive the expiration or earlier termination of this Agreement. All other provisions of this Agreement shall not survive the expiration or earlier termination of this Agreement.

        29.  RELATIONSHIP OF PARTIES. Nothing in this Agreement creates any agency, joint venture, partnership or other form of joint enterprise, employment or fiduciary relationship between the parties. Neither party has any express or implied right or authority to assume or create any obligations on behalf of or in the name of the other party or to bind the other party to any contract, agreement or undertaking with any third party.

        30.  HEADINGS. The headings in this Agreement are for reference only and do not affect the interpretation of this Agreement.

        31.  ORDER OF PRECEDENCE. In the event of conflict between the Quote, a written agreement by MRP, and these Terms, the order of priority shall be: (1) the written

agreement by MRP, if only if executed by an MRP Officer, (2) the Quote and (3) these Terms, and only to the extent of the direct conflict. Notwithstanding the foregoing, MRP shall not be bound by, and specifically objects to, any terms, conditions or other provisions, both written and oral, which are different from, in addition to or inconsistent with the provisions of this Agreement which are set forth in any purchase order, receipt, acceptance, confirmation, correspondence or otherwise of, or by, Buyer. Fulfillment of Buyer’s order shall not constitute acceptance of any of Buyer’s terms and conditions and does not serve to modify or amend the terms and conditions contained herein.

        32.  SEVERABILITY. If any part of this Agreement is held to be void, illegal or unenforceable, then it shall be deemed to be severed from this Agreement and the remaining provisions shall continue in full force and effect; provided, however, that if any fundamental term or provision of this Agreement is held to be void, illegal or unenforceable, the remainder of this Agreement shall be unenforceable. Upon a determination that any term or provision is void, illegal or unenforceable, the parties shall negotiate in good faith to modify this Agreement to effect the original intent of the parties as closely as possible in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.