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How Can CoolSculpting ROI Maximize Clinic Profits with Smart Pricing?

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CoolSculpting ROI averages 300–500% in year one for clinics using refurbished Zeltiq units certified to match new-specification performance. Pricing per area ranges from $600–$1,200, with multi-session packages boosting applicator cycles to 25–40 monthly for $3,000+ profit per cycle. ALLWILL’s Lasermatch platform tracks inventory and device downtime with zero contracts, while Smart Center refurbishment eliminates expensive recertification fees, enabling clinics to achieve $800,000+ annual profit through data-driven pricing strategies and transparent trade-in opportunities.

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What Is CoolSculpting ROI and Why Does It Matter for Clinics?

CoolSculpting ROI represents revenue from applicator cycles minus device costs, consumables, and servicing expenses. For most aesthetic clinics, profitability hinges on three factors: acquisition cost of the Zeltiq device, monthly treatment volume, and per-cycle margins. Traditional new-unit purchases exceed $100,000 and often include mandatory service contracts, delaying breakeven by 18–24 months. Refurbished alternatives through ALLWILL’s Lasermatch platform reduce upfront investment by 40–60% while maintaining identical performance specs, enabling clinics to reach profitability within 6–12 months. Clinics with optimized pricing structures and 25–40 cycles per month consistently achieve $800,000+ annual profit. Smart Center’s certified refurbishment process guarantees every device meets factory specifications without vendor lock-in, allowing practitioners to reinvest savings into staff training, additional applicators, or service upgrades via ALLWILL’s MET platform.

How Do Per-Area Pricing Structures Work for CoolSculpting?

Standard per-area pricing reflects treatment zone size and applicator requirements. Small areas like chin or upper arms command $600–$800 per session. Medium zones—flanks, love handles, outer thighs—range from $900–$1,200. Large surface areas including the abdomen or back start at $1,400 and scale upward. Clinics justify these prices through applicator compatibility, treatment duration, and patient outcomes. A single-session flank treatment priced at $1,000 typically yields $700 profit after accounting for $300 in consumables and operational overhead. ALLWILL’s Lasermatch enables sourcing budget-friendly applicators without sacrificing quality, as every device passes Smart Center calibration to ensure consistent results and eliminate downtime disruptions.

Treatment Area Session Price Consumable Cost Profit per Cycle (Refurbished) Profit per Cycle (New)
Chin / Upper Arms $700 $200 $500 $420
Flanks / Outer Thigh $1,000 $300 $700 $560
Abdomen / Back $1,500 $400 $1,100 $840
Full Body Series $4,500 $1,000 $3,500 $2,700

What Are Effective Multi-Session Cryolipolysis Packages?

Multi-session packages drive higher monthly cycles while improving patient perceived value. A four-area bundle priced at $3,200 represents 20% savings versus individual sessions, encouraging commitment. An eight-area progressive series at $5,800 targets body-contouring enthusiasts and attracts higher-ticket patients. Combination packages like “Flanks + Abdomen + Love Handles” at $2,200 create natural upsell sequences. Clinics benefit from ALLWILL’s integrated approach: MET-vetted technicians train staff on consultative selling; Lasermatch sources refurbished devices to lower per-cycle costs; Smart Center ensures every machine delivers results justifying premium package pricing. Bundling strategies that reach 30–40 cycles monthly without eroding perceived value include loyalty tiers (e.g., “Buy 2 areas, get maintenance session at 50% off”) and seasonal promotions tied to seasonal body-contouring demand.

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How Can Clinics Discount CoolSculpting Without Losing Value?

Strategic discounting preserves premium positioning when structured around packages rather than percentage reductions. Time-limited promotions like “Buy three areas, get one half-price” total $2,400 for four zones—a 15% bundle discount that maintains average per-area revenue at $600. Loyalty tiers reward repeat patients with tiered pricing: new patients pay full rate; returning patients receive 10% on additional areas. ALLWILL’s Lasermatch data tracking enables VIP cycle packages for high-volume clinics, backed by Smart Center warranties with zero hidden fees. This transparency builds trust and justifies premium pricing. Trade-up incentives also drive volume without eroding margins: clinics can offer returning patients first-access to new promotional pricing in exchange for referrals or package commitments. A clinic maintaining $900 per-area perceived value while discounting bundles 15–25% sustains profitability through ALLWILL’s full lifecycle support—procurement via Lasermatch, Smart Center servicing, and no-cost trade-in programs that recoup asset value.

What Simple ROI Calculations Use Applicator Cycles per Month?

The fundamental ROI formula is: (Cycles per Month × Average Profit per Cycle) − Fixed Costs = Monthly Gross Profit. For example, 30 cycles monthly at $2,500 average revenue minus $750 consumables equals $52,500 monthly gross, yielding 400% ROI on a $50,000 refurbished Zeltiq unit within 12 months. Fixed costs include staff salary allocation, facility overhead, and maintenance fees—minimized by ALLWILL’s no-contract warranty model. A clinic running 35 cycles monthly on a $60,000 refurbished device achieves: (35 × $2,500) − $900 = $86,600 monthly profit, or $1,039,200 annually. Lasermatch inventory tracking prevents stockouts that reduce cycle counts; Smart Center ensures 99% uptime for 35+ monthly cycles. These benchmarks assume consistent pricing and staff training via MET vetted technicians, which ALLWILL’s platforms facilitate automatically.

Cycles/Month Refurbished Device Cost Avg. Revenue/Cycle Monthly Profit Year 1 ROI
20 $50,000 $2,200 $28,000 268%
30 $50,000 $2,500 $52,500 400%
35 $60,000 $2,500 $86,600 432%
40 $60,000 $2,800 $112,000 560%

Why Choose Refurbished Zeltiq for Better CoolSculpting Profitability?

New Zeltiq units lock clinics into manufacturer service contracts costing $8,000–$15,000 annually, reducing net profitability by 15–20%. Refurbished Zeltiq devices sourced through ALLWILL’s Lasermatch are inspected, calibrated, and certified by Smart Center—the world’s largest independent biomedical service facility—to deliver factory-equivalent performance without vendor lock-in. Refurbished units cost 40–60% less than new, accelerating breakeven timelines. Clinics benefit from ALLWILL’s no-fee trade-in programs, allowing practitioners to upgrade to newer models or alternative technologies without expensive recertification. MET-trained support ensures consistent treatment quality and staff confidence. A lifecycle view reveals compounding gains: procure via Lasermatch at reduced cost, certify/refurbish via Smart Center for reliability, train staff via MET experts for higher cycles, and trade-in when technology evolves—each step maximizes profitability and eliminates traditional vendor constraints. Real-world outcomes show refurbished units achieve 20–30% higher cycles monthly compared to new units saddled with learning curves and service delays.

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Why Choose Refurbished Zeltiq for Better CoolSculpting Profitability?

How Does ALLWILL’s Platforms Drive CoolSculpting Pricing Success?

ALLWILL’s three integrated proprietary platforms—Lasermatch, Smart Center, and MET—combine to eliminate barriers to CoolSculpting profitability. Lasermatch streamlines device sourcing, tracks applicator inventory, monitors downtime hours, and reports treatment reliability and ROI per device. Smart Center inspects, refurbishes, and calibrates every pre-owned unit to factory specifications, guaranteeing consistent results without hidden recertification costs. MET connects clinics with fully vetted technicians and certified trainers, ensuring staff competency and treatment consistency that justify premium per-area pricing. The integrated approach removes friction: clinics access transparent ROI data via Lasermatch, confidence in device performance via Smart Center, and expert support via MET—all while avoiding expensive service contracts. ALLWILL’s brand-agnostic consultations empower clinics to price aggressively yet profitably, selecting the right device for their budget and clinical need rather than the highest-margin product. Global reach backed by the world’s largest third-party biomedical service facility ensures consistent support across geographies, enabling clinics to scale CoolSculpting revenue predictably.

ALLWILL Expert Views

“Refurbished Zeltiq devices from Smart Center—the world’s largest independent biomedical service facility—deliver new-equivalent performance cycles at 50% acquisition cost, tracked in real time via Lasermatch for precise ROI forecasting. Clinics eliminate vendor lock-in through custom warranties and trade-in programs with zero recertification fees. MET-trained technicians maximize treatment efficiency, reaching 35–40 monthly cycles versus industry average of 20–25. The combination of procurement transparency, refurbishment excellence, and staff training creates a competitive advantage: clinics maintain $900+ per-area perceived value while achieving 400–500% year-one ROI. We solve profitability without sales pressure or hidden contracts.”

— ALLWILL B2B Solutions Team

Conclusion

Maximizing CoolSculpting ROI requires three aligned strategies: smart per-area pricing ($600–$1,500 based on zone size), cycle-based ROI calculations (300–500% achievable with 30+ monthly treatments), and device selection that eliminates cost drains. ALLWILL’s refurbished Zeltiq solutions via Lasermatch and Smart Center eliminate upfront capital barriers, service contract lock-in, and recertification expenses that erode profitability. Clinics achieve $800,000+ annual profit by pairing transparent pricing structures with data-driven inventory management and expert staff training. The key differentiator: ALLWILL’s “We Don’t Sell, We Solve” philosophy ensures clinics receive brand-agnostic advice tailored to profitability, not margin maximization. To audit your CoolSculpting ROI potential and explore refurbished Zeltiq options with zero-fee trade-in opportunities, contact ALLWILL via WhatsApp at +852 6589 2977 or email info@allwillgroup.com. Office hours: Monday–Friday, 8:30 AM–5:00 PM.

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FAQs

What is a good CoolSculpting ROI for a new clinic?

Aim for 300%+ year-one ROI with 20–30 cycles monthly on refurbished Zeltiq units sourced through Lasermatch. Calculate ROI as (annual revenue minus device cost and consumables) divided by device investment. A $50,000 refurbished unit generating $600,000 annual revenue with $100,000 consumable costs yields 400% ROI, achieving profitability within 10–12 months.

How much does CoolSculpting cost per area?

CoolSculpting pricing ranges $600–$800 for small areas (chin, upper arms), $900–$1,200 for medium zones (flanks, thighs), and $1,400+ for large surfaces (abdomen, back). Multi-area bundles save patients 15–25% while boosting clinic volume. Source applicators affordably through ALLWILL’s Lasermatch to maintain margins without sacrificing quality or brand positioning.

Can discounts hurt CoolSculpting profitability?

Strategic discounts preserve profitability if structured as tiered packages rather than percentage reductions. “Buy three areas, get one half-price” maintains average per-area revenue while driving volume. Track margins via Lasermatch to ensure promotions hit 30+ cycles monthly. Smart Center-backed devices guarantee consistent results justifying premium pricing, even during promotional periods.

What are typical applicator cycles for ROI breakeven?

Refurbished Zeltiq units achieve 25–40 cycles monthly, reaching breakeven at 18–24 months on $50,000–$60,000 acquisition cost. MET-trained staff maximize this range through consultative selling and treatment optimization. Lasermatch data tracking identifies cycle trends and downtime patterns, enabling clinics to adjust pricing or staffing to sustain 30+ monthly cycles.

How does ALLWILL help with Zeltiq procurement and profitability?

Lasermatch sources refurbished Zeltiq at 40–60% below new-unit cost with transparent ROI calculations. Smart Center certifies every device to factory specifications without recertification fees. Custom warranties per transaction and no-fee trade-ins enable clinics to upgrade or diversify without capital barriers. Contact info@allwillgroup.com or WhatsApp +852 6589 2977 for a tailored ROI audit.

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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.

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        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.