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How Can Clinics Cut Medical Laser Ownership Costs?

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Mid-tier aesthetic clinics can reduce capital pressure by comparing open-market medical laser sourcing with monolithic OEM purchasing models. The strongest alternative is not an unverified “cheap laser,” but a documented new or certified pre-owned platform with transparent service, software, warranty, compliance, and ownership terms. Savings are estimates and depend on model, configuration, condition, location, utilization, and support requirements.

What Is the Aesthetic Glass Ceiling?

The aesthetic glass ceiling is the point at which a clinic has enough demand to grow but cannot justify the capital, contract restrictions, and operating costs attached to premium OEM equipment. It affects independent medspas and dermatology practices that need credible technology without absorbing every cost built into a manufacturer-controlled ecosystem.

A monolithic OEM pricing model may combine hardware, proprietary handpieces, software, service, training, financing, consumables, and brand support into one commercial relationship. That structure can simplify procurement, but it can also make it difficult to determine the actual cost of each component.

For a mid-tier clinic, the problem is often not whether a laser is technically capable. The problem is whether the total ownership model leaves enough flexibility to:

  • Add capacity gradually.

  • Serve local demand without overbuying.

  • Maintain acceptable treatment margins.

  • Keep equipment operational during service events.

  • Replace or trade in the platform later.

  • Preserve the clinic’s own brand and pricing strategy.

  • Expand to a second location without duplicating unnecessary overhead.

The phrase “open source aesthetic device” should also be used precisely. Most commercial medical lasers are not open-source hardware in the engineering sense. They are better described as open-market, independently sourced, or non-exclusive equipment. That distinction matters because a clinic still needs verified regulatory status, qualified service, authorized software access, and safe operating procedures.

This article focuses on the procurement economics of medical aesthetic laser platforms broadly rather than one named model. Exact specifications, clinical indications, accessory compatibility, and regulatory status must be confirmed for the selected device.

How Do OEM Pricing Schemes Increase Clinic Costs?

OEM pricing schemes can increase clinic costs by bundling equipment with proprietary accessories, mandatory service pathways, software dependencies, financing conditions, and brand programs that are difficult to compare independently. The issue is not that every OEM price is excessive; it is that the buyer may have limited visibility into the cost of flexibility.

A high-ticket laser purchase commonly has several cost layers:

  • Base console or platform.

  • Handpieces, applicators, and delivery systems.

  • Software licenses and updates.

  • Installation and commissioning.

  • Training and clinical education.

  • Shipping, customs, tax, and site preparation.

  • Preventive maintenance and calibration.

  • Repairs, replacement parts, and consumables.

  • Financing interest or lease charges.

  • Downtime and lost scheduling capacity.

An OEM package can make these elements appear convenient because the clinic receives one proposal. Convenience has value, but it can hide a lack of substitutability. If the clinic cannot source a compatible component, service provider, or software update elsewhere, the economic relationship becomes less flexible over time.

Pricing power may also affect smaller clinics differently from hospital systems or large chains. A multi-site operator may negotiate volume discounts, extended service terms, or training allocations. A single-location clinic may receive a less favorable commercial structure while still accepting the same fixed obligations.

The proper comparison is therefore not “OEM price versus used price.” It is total cost of ownership versus total cost of ownership, including the expected cost of downtime, support, accessories, training, financing, and future disposal.

What Is the Cost Difference Between New and CPO Lasers?

New medical aesthetic lasers generally carry the highest acquisition cost and the most current manufacturer support, while certified pre-owned systems can reduce upfront capital by an estimated 20%–50% or more depending on model, age, configuration, scarcity, condition, and warranty. These are market estimates, not universal prices or savings guarantees.

Cost and ownership factor New medical aesthetic laser Certified pre-owned medical aesthetic laser
Acquisition price Usually the highest option; estimate often reflects current model, full manufacturer package, and new accessories Often lower; estimated savings may range from 20%–50% or more, depending on the unit
Configuration May be ordered with selected handpieces, software, and accessories Configuration is determined by the available unit and may require additional components
Warranty Often includes an initial manufacturer warranty, subject to terms and region May include supplier or manufacturer-backed coverage; duration and exclusions require written confirmation
Service history No prior operating history, but installation and commissioning still require documentation Inspection, maintenance, calibration, shot count, and replacement records should be provided
Software Usually current at delivery, subject to license and update policy Version, license transfer, update eligibility, and remote access must be verified
Lead time May range from weeks to months depending on production and allocation May be faster if the exact unit is in stock, but logistics and preparation still affect timing
Depreciation Higher initial depreciation is possible after purchase Lower entry cost may reduce capital exposure, but resale depends on model and documentation
Main risk Higher capital commitment and possible contract or ecosystem dependence Greater need for inspection, service verification, parts planning, and warranty review
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A CPO unit is not simply a used unit with a new label. The supplier should define the inspection scope, functional testing, refurbishment work, calibration status, replacement parts, cosmetic grade, software condition, and warranty remedy.

A new unit is not automatically lower risk either. The clinic should still verify training, installation, service response, software terms, and the precise regulatory status for its market.

An illustrative acquisition model might compare a new platform at an estimated 100% of the relevant market price with a CPO unit at approximately 50%–80% of that benchmark. If the CPO option requires extensive shipping, missing handpieces, software conversion, or immediate maintenance, the apparent discount may narrow materially.

How Can Independent Sourcing Improve Clinic Economics?

Independent sourcing can improve clinic economics by lowering upfront capital exposure, widening supplier choice, improving negotiating leverage, and allowing the buyer to match equipment capacity to actual demand. It does not guarantee higher revenue; its value depends on utilization, treatment pricing, staffing, service reliability, and market conditions.

For a mid-tier clinic, cost reduction may come from several sources:

  • Comparing multiple configurations instead of accepting a fixed package.

  • Selecting a CPO unit with documented service history.

  • Purchasing only the handpieces required for current demand.

  • Negotiating installation, training, and warranty separately.

  • Using a qualified independent service option where appropriate.

  • Trading in underused equipment.

  • Avoiding unnecessary software or marketing subscriptions.

  • Choosing a platform with available parts and practical regional support.

  • Staging capital purchases as utilization grows.

A simple payback model should use conservative assumptions:

Estimated payback period=Total acquisition and setup costMonthly contribution after variable costs\text{Estimated payback period} = \frac{\text{Total acquisition and setup cost}} {\text{Monthly contribution after variable costs}}

The denominator should not be gross treatment revenue. It should account for provider time, room use, consumables, payment processing, marketing allocation, maintenance reserve, cancellations, financing, and any required follow-up.

For example, if a clinic estimates that a device will generate 20–40 additional billable sessions per month, it should model multiple utilization cases rather than assume full scheduling. A low, base, and high scenario can show how sensitive payback is to demand. No scenario should be presented as guaranteed income.

ALLWILL can help compare new and CPO equipment, current availability, condition documentation, warranty scope, service options, trade-in value, and global support. Request a quote from ALLWILL when the clinic has defined its applications, target budget, delivery location, and acceptable condition.

Which Operating Model Fits a Mid-Tier Clinic?

A mid-tier clinic usually benefits from an operating model that preserves supplier choice while imposing strict standards for device verification, service, training, compliance, and financial reporting. The right model may be a new OEM unit, a CPO platform, or a staged equipment strategy rather than one universal procurement path.

An independent supply ecosystem should not mean informal buying. It should mean structured comparison.

A clinic may consider:

  • New OEM purchase: Appropriate when the latest configuration, manufacturer support, warranty duration, and predictable commissioning justify the capital premium.

  • CPO purchase: Appropriate when the model is established, service records are available, the inspection is credible, and the lower acquisition cost improves risk-adjusted economics.

  • Hybrid portfolio: A new flagship platform paired with CPO equipment for lower-risk or complementary applications.

  • Staged expansion: One core platform first, followed by handpieces, accessories, or a second device after utilization is demonstrated.

  • Trade-in strategy: Replacing underused assets to release capital without expanding the balance sheet unnecessarily.

Clinics may also compare different technologies for the same commercial need. For example, a practice evaluating hair-reduction services might weigh diode, alexandrite, or long-pulsed Nd:YAG platforms based on patient mix, operator training, skin-type considerations, service availability, and local demand. Those systems should not be treated as interchangeable without clinical and technical review.

A lower purchase price can be a poor choice if the platform has limited parts support or cannot be serviced locally. Conversely, an older but well-documented platform may be financially rational when its configuration matches the clinic’s workload and its warranty and maintenance plan are credible.

How Should Clinics Evaluate an Independent Supply Ecosystem?

Clinics should evaluate an independent supply ecosystem by testing the supplier’s ability to provide verified equipment, clear ownership, technical support, compliant documentation, predictable logistics, and a practical exit path. The supplier should be assessed on process quality rather than on a low headline price or broad inventory claims.

The most important questions include:

  • Can the supplier identify the exact device, configuration, serial number, and included accessories?

  • Is the unit new, demo, refurbished, or CPO?

  • What inspection, testing, calibration, or refurbishment was completed?

  • Are service records and shot-count data available where relevant?

  • Who provides warranty support, and what parts and labor are covered?

  • Can the device be serviced in the clinic’s location?

  • Are software licenses transferable, current, and documented?

  • What are the shipping, customs, installation, and training responsibilities?

  • Can the device be traded in, relocated, or resold?

  • Are regulatory documents applicable to the destination market?

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The supplier should separate verified facts from estimates. “Available” should identify whether the device is physically in stock, allocated, consigned, or subject to another seller’s confirmation. “Refurbished” should identify what was repaired or replaced. “Warranty included” should state duration, response time, exclusions, and geographic limits.

Independent procurement is strongest when the clinic receives a complete record before placing a deposit. That record should include the quote, configuration, photos, condition report, warranty, delivery scope, and software terms.

What Is the Aesthetic Cost-Control Framework?

An aesthetic cost-control framework should compare acquisition, utilization, service, compliance, and exit value before a clinic selects a laser. The framework prevents buyers from treating the device price as the entire investment and helps distinguish genuine savings from deferred operating costs.

Decision area Questions for the clinic Evidence or estimate required Cost-control implication
Demand fit Which applications and patient segments will the device serve? Conservative utilization forecast and local pricing review Avoids buying capacity the clinic cannot fill
Capital exposure What is the total landed and installed cost? Equipment, shipping, tax, installation, training, financing, and warranty estimates Makes new and CPO options comparable
Condition Is the unit new, demo, refurbished, or CPO? Inspection scope, service history, testing, calibration, and cosmetic grade Identifies deferred maintenance risk
Accessory need Which handpieces, applicators, and consumables are essential now? Included-items list and future accessory pricing Prevents overbuying at launch
Service continuity Who can diagnose, maintain, calibrate, and repair the platform? Service coverage, response times, parts availability, and labor rates Converts downtime risk into a budget assumption
Software control What licenses, subscriptions, updates, and data obligations apply? Written software and remote-access terms Exposes recurring or restrictive costs
Compliance Is the specific device suitable for the destination and intended use? Applicable clearance, conformity, labeling, registration, and import records Reduces regulatory and operational exposure
Exit value Can the clinic trade in, relocate, or resell the device? Transfer and trade-in terms, documentation quality, estimated resale range Protects future capital flexibility

The clinic should assign each row a status such as confirmed, estimated, unresolved, or unacceptable. An unresolved item is not automatically a reason to reject the device, but it should be resolved before payment or reflected in the commercial terms.

What Compliance and Asset Protections Matter Most?

Compliance and asset protection require written verification of the device’s identity, intended use, destination-market status, service history, software rights, and ownership. FDA registration, FDA clearance, CE marking, or a manufacturer’s name should be evaluated in context and never treated as universal authorization for every country or clinical application.

For U.S. purchases, a buyer should identify the applicable regulatory pathway and confirm that the device’s intended use corresponds to the relevant authorization. FDA registration and listing databases can assist with identification, but registration or listing alone does not establish FDA approval or clearance.

For European purchases, buyers should review the applicable Medical Device Regulation requirements, declaration of conformity, device classification, authorized-representative details, and importer responsibilities. Other markets may impose separate registration, language, licensing, electrical, or professional-use obligations.

Laser ownership also involves safety controls. Clinics should confirm operator training, protective eyewear requirements, room controls, maintenance procedures, emergency protocols, and applicable state or local rules. Clinical and regulatory advisers should review the specific platform and intended use.

Asset-protection documents should include:

  • Serial-number confirmation.

  • Ownership and lien status.

  • Current device photographs.

  • Inspection and service records.

  • Calibration or functional-test results.

  • Warranty scope and exclusions.

  • Software license and update terms.

  • Installation and acceptance criteria.

  • Shipping damage responsibilities.

  • Trade-in, transfer, and resale terms.

ALLWILL can facilitate verified sourcing, CPO inspection summaries, expert matching, Smart Center services, warranty coordination, and global support. The clinic should ensure that every material representation appears in the final quote, purchase agreement, warranty, or statement of work.

ALLWILL Expert View
Mid-tier clinics rarely fail because they chose the wrong logo. They struggle when a device purchase absorbs too much capital, creates too much downtime exposure, or leaves too little control over service and future resale. An independent supply ecosystem can improve resilience, but only when it is built around documentation. The clinic should know the exact model, configuration, serial number, service history, software status, inspection scope, warranty remedy, and delivery responsibilities before approving the acquisition. CPO equipment can be rational when the discount compensates for age and residual risk. A new unit can be rational when current support, configuration flexibility, and predictable commissioning matter more than the capital premium. Neither category should be evaluated by price alone. The most useful question is whether the asset can support the clinic’s operating plan under conservative utilization assumptions. If demand falls below forecast, can the clinic maintain the device? If the business expands, can it trade in or relocate the unit? Procurement freedom is valuable because it protects those choices, not because it eliminates every supplier relationship.

Which Procurement Risks Should Clinics Avoid?

Clinics should avoid replacing a monolithic OEM relationship with an unverified secondary-market purchase that lacks service, compliance, software, or ownership documentation. Cost reduction is only durable when the acquired platform can be operated safely, maintained predictably, and transferred without unexpected restrictions.

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Warning signs include:

  • A price without an exact model or configuration.

  • “Open source” used to imply unsupported modification of regulated equipment.

  • A CPO label without inspection or refurbishment details.

  • No serial-number confirmation or ownership record.

  • Unclear software licensing or forced subscription terms.

  • Warranty exclusions for the console, handpiece, cooling system, or laser source.

  • No local service pathway or parts availability.

  • Claims that a device is FDA approved when only registration or listing is shown.

  • No clear responsibility for customs, installation, training, or acceptance testing.

  • Payback estimates based on gross revenue rather than contribution after costs.

  • A supplier unwilling to provide documents before deposit.

  • A platform selected solely because it is cheaper than a current OEM model.

The clinic should also budget for non-device costs. These may include room modifications, electrical work, safety equipment, insurance, staff training, maintenance reserves, software, consumables, marketing, and downtime. Depending on the device and location, these costs may represent a meaningful addition to the acquisition price.

An independent supply strategy is not anti-OEM. It is pro-comparison, pro-documentation, and pro-clinic control. A manufacturer-backed purchase may be the best fit for some practices, while a documented CPO or open-market option may be more appropriate for others.

Request a quote from ALLWILL for current new and CPO availability, configuration details, condition documentation, warranty options, and a total-cost comparison tailored to the clinic’s market.

Frequently Asked Questions

These answers address the most common commercial questions raised by mid-sized clinics comparing expensive OEM laser packages with independently sourced alternatives.

What is an expensive medical laser alternative for a mid-tier clinic?

A certified pre-owned or demo platform with documented service history can be an alternative to a new OEM system. Depending on model and configuration, estimated acquisition savings may reach 20%–50% or more. The buyer must compare warranty, software, accessories, installation, parts, maintenance, and regulatory documentation—not only the console price.

Is an open-market aesthetic device the same as an open-source device?

No. Open-market means the clinic can source equipment outside an exclusive franchise or manufacturer purchasing structure. Open-source generally refers to hardware or software whose design is openly available, which is uncommon for commercial medical lasers. Clinics should not modify regulated equipment without appropriate technical, safety, and regulatory review.

Can independent sourcing lower a medspa’s supply-chain costs?

It can lower acquisition and procurement costs by widening supplier choice, enabling new-versus-CPO comparisons, reducing unnecessary accessories, and separating service or training negotiations. Savings are estimates and depend on utilization, freight, maintenance, warranty, parts, software, financing, and local compliance requirements.

Does a CPO laser include a reliable warranty?

Not automatically. Warranty coverage depends on the supplier, manufacturer, model, region, and documented refurbishment scope. Confirm the duration, covered components, labor, response time, exclusions, travel costs, and warranty-transfer rules in writing. A CPO inspection summary should accompany the quote before any deposit is paid.

How can a clinic compare an OEM quote with an independent option?

Request identical information for both options: exact configuration, accessories, software, installation, training, warranty, shipping, taxes, maintenance assumptions, service response, and exit terms. Compare total ownership cost under conservative utilization scenarios, then request a tailored quote from ALLWILL for verified alternatives.

References

  1. Building and Sustaining Open-Source Medical Device Projectspmc.ncbi.nlm.nih

  2. Medical Laser Market: Trends, Growth, and Futuremarketsandmarkets

  3. FDA Device Registration and Listingfda

  4. Search the Releasable 510(k) Databasefda

  5. Remanufacturing and Servicing Medical Devicesfda

  6. Cybersecurity in Medical Devices: Quality Management System Considerations and Content of Premarket Submissionsfda

  7. Nixing the Fix: A Workshop on Repair Restrictionsftc

  8. Medical Spa Valuation: Multiples, Add-Backs, and Buyer Demandsoferadvisors

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(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.

        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.