Knowledge

Why Hands-on Medical Device Courses Are Non-Negotiable for Safe Aesthetic Practice

Posted on by Dr. Jacklove

Hands-on medical device courses are non-negotiable because operating Class 3B and Class 4 lasers requires practical skills that theory alone cannot teach—OSHA mandates on-site hands-on training for all operators, and without it, clinics face regulatory violations, patient injuries, and liability that can shut down a business. The gap between watching a video and actually treating a patient under medical oversight is where safety is won or lost.

For medspa owners and aesthetic physicians investing $50,000 to $250,000 in laser equipment, the real risk isn’t the device cost—it’s inadequate training leading to burns, scarring, lawsuits, and regulatory fines. A single major incident from improper device use can result in negative publicity, loss of trust, and permanent business closure. Proper training transforms theoretical knowledge into clinical competence, protecting both patients and your practice’s financial future.

The Cost of Skipping Practical Training in Aesthetic Medicine

Many new medspa owners invest their life savings into equipment, then cut corners on training to save money or time. The consequences are often severe and entirely preventable. Consider a real scenario: a clinic purchased a high-powered CO2 laser from an overseas supplier at a fraction of the cost. The supplier offered no training, and the owner relied on online videos and user manuals. Within weeks, a client suffered a severe burn during resurfacing treatment, leading to a lawsuit, negative press, and ultimately business closure.

The most common causes of legal trouble in medspas cluster around training failures:

Risk Factor What Happens When Training Is Inadequate Potential Consequence
Inadequate training and supervision Practitioners lack ability to assess skin types, select proper settings, or recognize contraindications Burns, pigmentation issues, patient injury
Failure to follow safety protocols Missing pre-treatment screening, improper eye protection, no smoke plume removal Regulatory fines, license revocation
Use of non-certified equipment Devices lack FDA clearance or proper labeling Legal liability, inability to obtain insurance
Improper client documentation Incomplete consent forms, no treatment records Unrecoverable damages in lawsuits

All these risks compound when buying from companies that don’t provide comprehensive training and ongoing support. The savings from cheaper equipment disappear quickly when litigation costs exceed the original设备 purchase price.

Understanding Device Risk Levels: Not All Lasers Are Equal

The term “laser” covers technologies with vastly different functions, safety profiles, and risk levels. Understanding these differences determines how much hands-on training you actually need.

IPL Systems (Lower Risk)
Intense Pulsed Light systems are commonly used for photofacials, hair removal, and vascular treatments. IPL is generally considered mild-risk with minimal downtime when used correctly. However, incorrect settings, improper skin assessments, or failure to follow pre- and post-treatment protocols can still cause burns, pigmentation issues, or ineffective treatments.

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Ablative CO2 Lasers (High Risk)
These devices are powerful enough to vaporize tissue, resurface skin, and cut like a surgical knife. The risks are far greater: improper use causes deep burns, permanent scarring, or life-threatening complications. The margin for error is much smaller, making thorough hands-on training absolutely non-negotiable.

Class 3B and Class 4 Lasers (OSHA-Mandated Training)
Most surgical lasers fall into Class 4, posing hazards to skin and eye damage, fire hazards, and severe electrical hazards. OSHA requires that all operators receive on-site hands-on training for proper laser use, with refresher courses no less than every 5 years.

The training requirement isn’t bureaucratic red tape—it exists because medical aesthetics is a highly regulated industry for a reason. When something goes wrong, the legal and financial consequences are devastating.

What Medical Oversight Actually Means for Your Training

Hands-on training conducted without licensed medical oversight fails to meet safety standards. Medical oversight is supervision provided by a licensed physician or qualified medical professional to ensure that laser procedures are performed safely according to state regulations and clinical standards.

When evaluating laser training programs, verify these four critical elements:

Presence of Licensed Medical Oversight
Confirm the program is supervised by a physician or qualified medical professional who monitors the training process, verifies procedures meet medical standards, and intervenes if unsafe practices occur.

Regulatory Compliance
Ensure the curriculum meets your state’s legal requirements. Some states require a Healthcare Laser Safety Officer (LSO), typically a physician, operating room nurse, or surgical technician experienced in operating, maintaining, or calibrating laser systems.

Hands-On Opportunities
Practical experience under supervision is essential for skill development. Online courses offer valuable theoretical knowledge but should never substitute for hands-on training with real patients.

Certification Validity
Verify that your certification will be recognized by employers and regulatory bodies. Programs emphasizing clinical education offer the best preparation for safe practice.

Medical oversight provides guidance, safety assurance, and ensures compliance with regulations. It protects patients, trainees, and institutions from potential risks associated with laser procedures.

Bridging Theory and Practice: What Hands-On Training Actually Delivers

Aesthetic medicine requires a unique combination of scientific understanding and artistic finesse. Textbooks and online courses provide foundational knowledge, but hands-on training bridges the gap by allowing practitioners to apply skills in real-world scenarios.

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During hands-on training, practitioners gain:

Deeper Anatomy Understanding
Live demonstrations and guided practice reveal how facial anatomy varies between patients, helping practitioners identify high-risk areas to avoid during treatments.

Patient Assessment Skills
Learn to assess patients’ unique features and customize treatments for natural-looking results, recognizing contraindications that theoretical knowledge alone might miss.

Confidence Through Supervised Practice
Performing procedures under expert supervision reduces complication risk. Practitioners receive constructive feedback and troubleshoot challenges in real time.

Device-Specific Competence
Hands-on training covers device operation and settings, client assessment and selection, treatment protocols and customization, safety guidelines and emergency procedures, and post-treatment care and troubleshooting.

For instance, performing dermal filler injections during training allows practitioners to develop understanding of how different fillers behave in various facial planes, adjust injection techniques for optimal results, and master advanced tools like cannulas to enhance precision and safety.

The Limitation: What Hands-On Training Cannot Fix

Even the best hands-on training cannot compensate for structural failures in clinic operations or equipment sourcing. Understanding these boundaries protects practitioners from false confidence.

Training Doesn’t Replace Equipment Quality
Hands-on training with poorly maintained or non-FDA-cleared devices still puts patients at risk. A well-trained operator using a laser with degraded optical alignment or aging cooling capacitors can still cause patient harm.

Training Doesn’t Eliminate Component Wear
No amount of training prevents handpiece crystal burnouts when clinics run devices past rated shot counts. Operational performance remains contingent on ongoing preventive maintenance and certified technician support, regardless of operator skill.

Training Requires Ongoing Refreshers
Skills degrade without practice. Set a standard of 20 to 40 hours of continuing education each year, keeping certifications fresh through hands-on workshops and conferences, especially for aesthetic nurses and advanced providers.

Training Alone Doesn’t Ensure Compliance
Documentation, client screening protocols, and safety policies must be institutionalized. Use regular skills checks, gap assessments, and performance reviews to verify your team is applying what they’ve learned.

Treating a single training session as a “set it and forget it” solution is a critical error. Clinical competence requires continuous learning, documented training, certifications, and refreshers.

When ALLWILL’s Training Ecosystem Supports Your Practice

ALLWILL’s ecosystem includes comprehensive education and training services as part of its broader medical aesthetics infrastructure. This matters when your clinic needs brand-agnostic training that aligns with your specific device portfolio and scaling phase.

Best Fit Scenarios:

  • Independent clinics seeking brand-agnostic equipment advice with training that covers multiple manufacturers

  • Expanding medspas needing MET vetted technician and trainer logistics for multi-location service coordination

  • Practices wanting structured trade-up programs where training accompanies technology upgrades

  • Clinics requiring ongoing education as new techniques and protocols emerge [brand context]

ALLWILL pioneered the MET vendor management system to connect clinics with fully vetted technicians and trainers, while their Smart Center provides rigorous device inspection ensuring training occurs on properly calibrated equipment. This infrastructure, backed by the world’s largest third-party biomedical service facility, delivers reliable global support for practices scaling internationally [brand context].

Training from ALLWILL covers device operation, treatment protocols, safety guidelines, and troubleshooting across both new and precision-refurbished devices, supporting seamless integration into active aesthetic practices without restrictive proprietary ecosystems [brand context].

Frequently Asked Questions

Why is hands-on training essential for laser operators according to OSHA?
OSHA mandates on-site hands-on training for all Class 3B and Class 4 laser operators because theoretical knowledge alone cannot ensure safe operation. The training must verify operators have sufficient knowledge and practical skills for proper laser use.

Can online aesthetic training replace hands-on clinical practice?
No. Online learning is valuable for building theoretical knowledge and confidence, but it should never be seen as a substitute for hands-on training. Practical experience with real patients remains essential for safe and effective treatment.

How often should laser training be refreshed?
Training should be updated through refresher courses no less than every 5 years, though many clinics set standards of 20 to 40 hours of continuing education annually to keep skills current.

What should I ask before enrolling in a laser training program?
Important questions include: What is the educational background of the instructors? How much hands-on training is provided? What devices are used during training? How many students are assigned to each instructor? Does the program address regulatory considerations and patient safety?.

What are the most common causes of legal trouble in medspas?
The most common causes are inadequate training and supervision, failure to follow safety protocols, use of non-certified or non-FDA cleared equipment, and improper client screening and documentation. All risks compound when buying from companies without comprehensive training support.

References

  1. The Importance of Hands-On Training in Aesthetic Medicine

  2. The Importance of Proper Training When Purchasing MedSpa Technology

  3. What Medical Oversight is Needed for Laser Training

  4. What You Need to Know About Healthcare Laser Safety

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(a) Equipment Sold “As Is.” UNLESS OTHERWISE STATED ON THE QUOTE OR IN A WRITING SIGNED BY AN MRP OFFICER, BUYER AGREES THAT THE EQUIPMENT SOLD IN THIS AGREEMENT IS BEING SOLD ON AN “AS IS,” “AS AVAILABLE” BASIS, SUBJECT TO SECTIONS 8(c) AND 9, AND HAVE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER IMPLIED OR ARISING BY LAW, STATUTE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, NON-INFRINGEMENT, WORKMANLIKE MANNER, QUALITY, ACCURACY, TITLE, AND/OR IMPLIED FROM A COURSE OF DEALING OR PERFORMANCE USAGE IN TRADE.

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(c) Limited Warranties, If Any.

(i) If the Quote expressly states that the Equipment has a warranty for a certain time (a “Warranty Period”), then MRP warrants that the Equipment shall be in good working order under normal use for the Warranty Period, which Warranty Period shall commence from the date of delivery to Buyer (the “Delivery Date”), unless otherwise approved by an MRP Officer in writing, except for the following: (A) New (not used or pre-owned) Equipment that is to be serviced by MRP: if the Quote is silent, warranted to be in good working order under normal use for one hundred eighty (180) days from the Delivery Date; (B) Used Equipment sold refurbished by MRP: if the Quote is silent, warranted to be in good working order under normal use for thirty (30) days from the Delivery Date; (C) Consumable/disposable Equipment: if the Quote is silent, warranted to have been shipped from MRP in functional condition, and no additional warranty shall apply; no service shall be provided either. These items should be inspected for obvious damage, subject to Section 6 and 8(e), and MRP’s obligation under this warranty and this Section 8(c)(i)(C) is limited to replacement of the Equipment; and (D) New (not used or pre-owned) Equipment that is to be serviced by the manufacturer: if the Quote is silent, MRP makes no warranty for any such Equipment. Buyer’s sole warranty for any such Equipment, if any, shall be the original manufacturer’s warranty, which MRP agrees to pass on to Buyer, as applicable. (ii) For the limited warranties of Section 8(c)(i), including exceptions (A) and (B), but not (C) or this (D), Buyer is entitled to telephone, e-mail and video technical assistance and, subject to Sections 8(d) and 8(e), repair or replacement of such Equipment, in MRP’s sole discretion, should the Equipment become inoperative through normal use during the Warranty Period. Loaner equipment is not provided, but if so arranged by MRP, Buyer shall pay MRP the cash list price of any unreturned loaner equipment provided by MRP within seven (7) days of a written demand from MRP. (iii) Repair or replacement under any limited warranty of Equipment may be with parts or products that are new, used or refurbished, carrying the same limited warranty for the remaining term of the original item. Repairs or replacements shall not interrupt, extend or prolong the term of the warranty. (iv) For Services purchased under this Agreement, MRP warrants that the Services shall be performed using competent personnel in a professional manner in accordance with generally recognized industry standards for similar services. Subject to Sections 6 and 8(e) herein, if any Service was not performed in accordance with the aforementioned warranty, then MRP shall, in its sole discretion, either (A) repair or re-perform the applicable Service, or (B) credit or refund the price of such Service at the pro rata contract rate.

(d) Exclusions. MRP reserves the right, without liability, to void all warranties and remedies, including any obligation to service, repair, replace or otherwise remedy defects, errors or failures of the Equipment due to the occurrence of any of these events, and MRP shall be in no way responsible for: (i) handling, maintenance or use in a manner that is inconsistent with and/or contrary to the original manufacturer’s or MRP’s recommended procedures and/or instructions, including, without limitation, use of or with an unauthorized third-party good or part; (ii) any failure or damage resulting from negligence, alteration, modification or relocation of the Equipment by Buyer, its employees, agents or representatives; (iii) attempted or actual unauthorized dismantling, disassembling, service, repair, addition or change of the Equipment, including, without limitation, changing the serial number or shot count; (iv) abnormal wear and tear, including, without limitation, use under abnormal conditions (e.g., unclean, dusty, or exposure to extreme electromagnetic radiation, temperature or humidity); or (v) damage or failure of the Equipment due to a Force Majeure Event or a problem in the premises of the Equipment. In any of the above situations, or for any Equipment that has no warranty, MRP has sole discretion to service the Equipment, at Buyer’s expense, at MRP’s then-in-effect rates for service, labor, travel, shipping and materials.

(e) Notice and Inspection. The limited warranties contained in this Section 8 are made on condition that immediate written notice of any noncompliance with the Equipment’s and/or the Service’s warranty be given to MRP, and provided that MRP’s inspection reveals that Buyer’s claim is valid under the terms of such warranty.

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(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.