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27Full-Depth Customization vs Monolayer HIFU: Patient Retention and Satisfaction Math for Clinic Owners

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Full‑depth, multi‑layer HIFU protocols tend to deliver higher perceived value, better satisfaction, and stronger patient retention than single‑pass “monolayer” approaches, especially when combined with structured treatment planning and multi‑modality workflows. For most clinics, investing in a full‑kit, multi‑depth HIFU/MFU‑V inventory is justified when you factor in higher rebooking rates, extended patient lifetime value, and premium pricing potential over a 3–5‑year horizon. The key is to match protocol design and capital expenditure to your patient mix, price architecture, and staff capability, then source devices through a compliance‑aware partner such as ALLWILL.

What it does & ideal clinic profile

High‑intensity focused ultrasound (HIFU) and micro‑focused ultrasound with visualization (MFU‑V, e.g., Ultherapy) deliver non‑invasive skin tightening and lifting by depositing thermal coagulation points at precise depths in the dermis, subdermal tissue, and superficial musculoaponeurotic system (SMAS). Multi‑depth systems typically use transducers at approximately 1.5 mm, 3.0 mm, and 4.5 mm to create three‑layer collagen remodeling and tissue contraction while sparing the epidermis.

Clinics that benefit most from full‑depth customization are those with a sizeable facial rejuvenation and skin laxity segment, where patients expect visible yet natural improvement and are open to multi‑session plans. This profile includes dermatology practices, medspas, and aesthetic clinics targeting mid‑to‑upper income segments who value structured treatment plans, objective follow‑up, and long‑term skin maintenance rather than one‑off “event” procedures.

Topic-specific core analysis: full-depth vs monolayer for satisfaction and retention

Multiple studies show that more comprehensive, structured aesthetic treatments are associated with higher satisfaction and retention compared with one‑dimensional or single‑modality approaches. In facial rejuvenation, a customized, personal treatment plan has been linked with 80% retention at three months and 60% at six months, with roughly 80% of patients satisfied and motivated to continue therapy.

In HIFU specifically, protocols using three different transducer depths (1.5, 3.0, 4.5 mm) for facial rejuvenation have demonstrated safe, effective tightening with clear improvements around the jawline, cheeks, and perioral area, alongside high satisfaction scores. By comparison, monolayer approaches using a single depth or limited passes can deliver visible improvement but may underserve either superficial fine lines or deeper laxity, potentially limiting perceived value for discerning patients.

Beyond energy‑based devices, multimodal facial rejuvenation (combining multiple treatment types in one encounter) has been associated with significantly higher patient retention than monotherapy or sequential monotherapy across 509 patients in cosmetic practices. These data support the broader thesis: protocols that feel individualized, layered, and comprehensive—whether via multiple HIFU depths alone or HIFU plus fillers, neuromodulators, or skin quality treatments—tend to keep patients engaged longer.

Revenue/operational impact & payback math

From a business perspective, HIFU/MFU‑V comes with a moderate‑to‑high capital outlay but relatively low consumable cost per treatment and strong patient willingness to pay for non‑surgical lifting. Indicative ranges for full‑featured, multi‑depth systems (new) often fall into the mid‑ to high‑five‑figure band in USD equivalent, while certified pre‑owned units can be 20–40% lower depending on age, condition, and region; these are general estimates and must be verified for your market and desired configuration.

On the revenue side, cross‑market benchmarking suggests that structured, multi‑layer facial rejuvenation plans achieving 60–80% short‑term retention and high satisfaction can substantially increase patient lifetime value. Multimodal treatment encounters have been associated with retention extending beyond two years on average when combined with formal, structured facial assessment frameworks. For a typical clinic, even a modest uplift in retention—from losing 60–70% of first‑time patients after one visit to retaining an additional 20–30%—can meaningfully change recurring revenue.

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Practically, a clinic might model payback by combining:

– Average package price for full‑depth HIFU courses.
– Expected rebooking rate at six and twelve months with multi‑depth customization versus monolayer offerings.
– Ancillary revenue from complementary treatments (injectables, skincare programs) linked to structured plans.

Partners like ALLWILL can help refine this math by aligning device choice (new vs CPO, single‑platform vs multi‑platform) to your pricing ladder, capacity, and local demand before you commit capital.

Differentiated advantage / higher-ticket rationale

Clinically, multi‑depth HIFU targets different structural layers, inducing collagen remodeling both in the lower dermis and between fat layers, which has been shown histologically and photographically to produce measurable tightening and lifting in appropriately selected patients. When combined with ultrasound visualization (as in MFU‑V devices such as Ultherapy), practitioners can more precisely treat the SMAS and deeper structures, potentially improving predictability and confidence in high‑value plans.

From a patient‑experience standpoint, a full‑depth customized protocol aligned with a personal treatment plan tends to feel more premium and deliberate. Structured consultations and clear staging of treatment depths and areas have been linked with high short‑term retention (over 70% at six months in some settings) and strong satisfaction scores. In contrast, monolayer, single‑pass HIFU can be perceived as a “one‑size‑fits‑all” procedure, which may limit willingness to invest in ongoing care if results do not match expectations.

Operationally, a full‑kit inventory (multiple transducers, visualization, and possibly complementary platforms) gives your team more flexibility to tailor energy density, depth, and pass count to patient tolerance and risk profile, reducing retreatment dissatisfaction and enabling tiered packages. This is where ALLWILL’s sourcing and Smart Center support can matter: matching your treatment philosophy and staffing to a device ecosystem rather than a single device.

Mid‑article, this is a natural point to validate how a full‑depth setup would work in your specific clinic. Request a quote from ALLWILL for current pricing and availability on multi‑depth HIFU and MFU‑V systems, including certified pre‑owned options and projected payback under your local fee schedule.

Practical B2B decision aid: HIFU/MFU-V patient retention & satisfaction framework

The core business question is whether full‑depth customization delivers enough retention and satisfaction upside to justify full‑kit inventory versus a simpler monolayer HIFU setup. The framework below uses realistic, evidence‑informed ranges to support planning; figures are illustrative and must be validated against your own data and market.

HIFU/MFU-V Retention & Satisfaction Planning Framework

Dimension Monolayer HIFU (Single Depth / Limited Passes) Full-Depth Multi-Layer HIFU/MFU-V (1.5/3.0/4.5 mm, Structured Plan)
Typical treatment depth strategy One primary focal depth, single or few passes. Three focal depths with layered passes per zone.
Perceived comprehensiveness (patient) Moderate – focused on main laxity area. High – “full‑face plan” across superficial and deep structures.
Short‑term satisfaction (3–6 months) Often good; substantial but variable improvement. High; studies report ~80% satisfaction in personalized, multi‑layer plans.
Short‑term retention (3–6 months) 40–60% of patients likely to return for follow‑up or adjunct care, depending on communication and pricing. 60–80% retention associated with structured, customized facial plans.
Long‑term retention (12–24+ months) Many clinics lose 60–70% of first‑visit patients without structured programs. Multimodal, structured facial care has shown retention beyond 2 years on average.
Package pricing potential Standard mid‑tier pricing; limited justification for premium tiers. Higher‑tier pricing possible when combined with visualization and multi‑modality plans.
Required device inventory Single HIFU platform with 1–2 transducers. Full‑kit multi‑depth HIFU/MFU‑V with 3+ transducers, possibly integrated with other platforms.
Strategic fit Clinics offering occasional tightening as an add‑on. Clinics building long‑term rejuvenation programs and membership models.
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This framework is intended to guide internal discussions on protocol design, pricing, and capital allocation; use your own data and local benchmarks to adjust the ranges.

Compliance & asset-protection

Regulatory status is central to any HIFU/MFU‑V investment. Devices like Ultherapy have FDA clearance for specific indications such as non‑invasive lifting of the brow, submental, and neck areas, as well as improvement of lines and wrinkles on the décolletage, but each region has its own regulatory nuances and labeling. Not all HIFU devices share identical indications or evidence bases, so you must verify the current regulatory status and intended use in your jurisdiction before marketing claims or protocol deployment.

Clinically, HIFU and MFU‑V are generally considered safe when protocols follow manufacturer guidelines, with common adverse effects including transient erythema, edema, tenderness, or rare complications that are typically mild and self‑limited. Practitioners must still conduct thorough patient selection, set realistic expectations, and document informed consent with clear explanation of probable outcomes and limitations.

Asset protection involves ensuring:

– Documented device authenticity, serial numbers, and service history for CPO units.
– Up‑to‑date software, transducer calibration, and maintenance logs.
– Written warranty and after‑sales support, including access to replacement transducers and training.

ALLWILL’s role here is as a sourcing and solutions partner: helping clinics verify condition, documentation, and support arrangements rather than acting as the regulator itself. Clinics should retain independent legal and regulatory counsel for marketing and compliance decisions.

Procurement risks to avoid + ALLWILL Expert View

Common procurement risks include purchasing non‑verified HIFU units with unclear regulatory status, overinvesting in inventory without matching patient volume, and underestimating the importance of staff training in patient satisfaction and retention. Another risk is relying on monolayer protocols for high‑expectation patients while marketing outcomes more aligned with full‑depth, multimodal programs, which can erode trust and future revenue.

Due diligence should cover cross‑checking device approvals, confirming original manufacturer specs, and validating that transducer sets and visualization features match your planned treatment menu. Certified pre‑owned units can be a smart move if you have clarity on condition grading, refurbishment scope, and warranty, which is where ALLWILL’s vetting and Smart Center services help derisk a capital purchase.

ALLWILL Expert View

For most mid‑sized aesthetic clinics, the question is not “HIFU vs no HIFU,” but whether the capital you deploy will reliably convert into repeatable treatment plans and measurable patient lifetime value over 3–5 years. Full‑depth, multi‑layer HIFU or MFU‑V platforms tend to outperform monolayer setups when you build structured consultation and follow‑up around them, because the treatment feels more personalized and comprehensive. Financially, clinics see the biggest upside where multi‑depth energy protocols are integrated into tiered packages alongside injectables and skincare, rather than sold as standalone sessions; this aligns higher ticket pricing with a clearer value narrative. At ALLWILL, we advise buyers to model retention and rebooking scenarios first, then match device choice—new or certified pre‑owned—to those scenarios, making sure warranty, training, and documentation are locked in writing before any purchase commitment.

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As you narrow down options, request a quote from ALLWILL to compare new and certified pre‑owned multi‑depth HIFU/MFU‑V systems, including condition reports, training support, and projected payback scenarios based on your pricing and expected patient throughput.

Frequently Asked Questions

What is the typical price range for multi-depth HIFU/MFU-V devices?

Full‑featured multi‑depth HIFU or MFU‑V platforms generally sit in the mid‑ to high‑five‑figure range in USD equivalent for new units, depending on brand, visualization features, and included transducers. Certified pre‑owned devices can be 20–40% lower, subject to age, condition, and local market dynamics; always verify exact pricing and inclusions and consider requesting a quote from ALLWILL for current availability.

How do new and certified pre-owned HIFU devices compare for clinics?

New devices offer full manufacturer warranty, latest software, and maximum lifespan, but at higher upfront cost. Certified pre‑owned units can be more cost‑efficient if they come with documented refurbishment, condition grading, and a robust warranty from a vetted supplier like ALLWILL, though buyers should independently confirm authenticity, service history, and regulatory status in writing before purchase.

What warranties and support should I expect with a HIFU/MFU-V unit?

Warranties typically cover core hardware for a defined period and may include limited transducer coverage, software updates, and remote support. Clinics should seek written clarity on coverage scope, response times, loaner policies, and availability of training; working with ALLWILL can help align warranty and support terms with your risk tolerance before you finalize procurement.

How do compliance and import regulations affect HIFU procurement?

Device approvals, labeling, and import rules vary across jurisdictions, so clinics must verify that any HIFU/MFU‑V device is authorized for use and marketed indications in their country. You should confirm regulatory status, technical documentation, and customs requirements with local authorities or advisors; ALLWILL can support documentation collation and supplier verification but does not replace legal or regulatory counsel.

What kind of ROI and payback timeline can a HIFU system offer?

ROI is highly dependent on pricing, patient mix, and utilization, but multi‑depth, structured HIFU programs that achieve 60–80% retention at 3–6 months can meaningfully increase patient lifetime value compared with isolated single‑session treatments. Many clinics aim for payback over 18–36 months; building realistic scenarios and validating assumptions with a tailored quote and utilization analysis from ALLWILL is a prudent next step.

References

  1. Influence of implementation of personal treatment plan on patient retention and satisfaction in facial rejuvenationlamedicinaestetica

  2. Retention Rates Among Patients Undergoing Multimodal Facial Rejuvenation Treatment Versus a Single Monotherapy in Cosmetic Dermatology Practicespubmed.ncbi.nlm.nih

  3. Quantified Facial Rejuvenation Utilizing High Intense Focused Ultrasoundpmc.ncbi.nlm.nih

  4. Lax Facial Skin Treated with High-Intensity Focused Ultrasound Devices: Efficacy and Safety Evaluationsscirp

  5. Intense focused ultrasound for facial tightening: histologic changes in 11 Patientspubmed.ncbi.nlm.nih

  6. High-Intensity Focused Ultrasound for the Treatment of Wrinkles and Skin Laxitypmc.ncbi.nlm.nih

  7. Patient satisfaction following treatment with micro-focused ultrasound with visualizationpmc.ncbi.nlm.nih

  8. Enhanced patient retention after combination vs single modality treatment using hyaluronic acid filler and neuromodulatoronlinelibrary.wiley

  9. Enhanced Patient Retention With Formal, Structured Facial Assessment and Treatment Planningpmc.ncbi.nlm.nih

  10. The Financial Architecture of a Profitable Aesthetic Practiceiapam

  11. Aesthetic Clinic Patient Retention: How to Turn One-Visit Patients Into Long-Term Relationships

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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.