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How Does a 4-Handpiece Endymed Pro Maximize Clinic ROI?

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A pre-owned 2022 Endymed Pro configured with Intensif, iFine, Mini-Shaper, and Shaper handpieces eliminates the need for three separate device purchases, compressing payback from 18–24 months (multi-device) to 8–12 months. This single modular platform preserves $80,000–$150,000 in upfront capital while enabling immediate menu diversification across acne scars, periorbital tightening, jawline contouring, and body silhouette treatments.

What Does the Endymed Pro 4-Handpiece Platform Actually Do?

The Endymed Pro is an all-in-one radiofrequency (RF) treatment platform supporting face, body, fractional resurfacing, and RF microneedling applicators through a single console.

The platform houses FDA-cleared 3DEEP RF technology delivering up to 100W output across all skin types, with modular handpieces that can be added or swapped as practice needs evolve. The Intensif handpiece combines microneedling (0.5–5mm depth) with RF for acne scars, deep wrinkles, and stretch marks. The iFine targets delicate periorbital skin tightening with 1–6W output and no downtime. The Mini-Shaper focuses RF energy on the jawline, submental area, arms, and knees for localized contouring. The Shaper handpiece treats larger body areas (abdomen, thighs, buttocks) with deep-heating RF penetrating up to 11mm for fat reduction and skin tightening.

This configuration covers four distinct revenue streams from a single hardware investment, reducing room footprint, training overhead, and service contracts compared to buying separate devices for microneedling, eye treatments, jawline work, and body contouring.

Why Does a Single Console Beat Three Separate Device Purchases?

Purchasing three separate devices for microneedling, periorbital treatments, and body contouring typically costs $120,000–$200,000+ combined, versus $60,000–$90,000 for a certified pre-owned Endymed Pro with all four handpieces.

Separate devices multiply total cost of ownership (TCO): each requires its own service contract ($3,000–$8,000 annually per device), separate training sessions, dedicated treatment rooms, and independent compliance documentation. A single Endymed Pro consolidates these into one service agreement, one training curriculum, and one footprint. The modular design also future-proofs the investment—clinics can start with two handpieces and add others as demand grows, avoiding the capital trap of overbuying upfront.

ALLWILL’s vetting process for certified pre-owned units includes condition grading, refurbishment scope verification, and warranty documentation review, ensuring buyers receive compliance-ready assets without new-device price tags.

How Does the 4-Handpiece Configuration Drive Immediate Revenue?

Each handpiece unlocks a distinct treatment menu with established pricing tiers: Intensif acne scar sessions command $400–$1,050 per treatment, while iFine periorbital tightening runs $250–$500. Shaper body contouring packages typically price at $600–$1,200 per area, with Mini-Shaper jawline treatments at $300–$600.

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Assuming conservative utilization of 8–12 billable treatments weekly across all four handpieces, monthly gross revenue reaches $12,000–$24,000 before variable costs (consumables, payment processing, marketing allocation). With a certified pre-owned acquisition cost of $60,000–$90,000, payback periods compress to 8–12 months versus 18–24 months for multi-device setups.

The key is menu diversification: a single patient can book Intensif for acne scars, iFine for eye tightening, and Shaper for abdomen contouring in one visit, increasing average ticket size and reducing no-shows through bundled packages.

What Is the Actual ROI Math for a 2022 Pre-Owned Unit?

Using industry-standard ROI formulas, a $75,000 pre-owned Endymed Pro generating $18,000 monthly gross profit (after variable costs) delivers 144% first-year ROI and 10-month payback.

The calculation: `(Price per treatment − Variable cost) × Treatments per month − Fixed costs = Monthly gross profit`. For example, at $500 average treatment price, $100 variable cost, and 40 treatments monthly: `($500 − $100) × 40 − $3,000 (service contract, marketing) = $13,000 monthly gross`. Annual profit: $156,000. ROI: `($156,000 − $75,000) / $75,000 = 108%`.

Depreciation schedules for medical aesthetic devices typically span 5–8 years (17.5–25% annual rates), meaning a 2022 unit retains 50–65% book value through 2026 if maintained properly.

ALLWILL Expert View: The biggest ROI leak in medspa equipment isn’t underutilization—it’s overcapitalization. Buying three separate devices for microneedling, eye treatments, and body contouring locks up $100,000+ in depreciating assets when a single modular platform does the same work. We’ve seen clinics compress payback from 20 months to 9 months simply by switching to a 4-handpiece Endymed Pro configuration. The key is verifying refurbishment scope and warranty terms upfront—don’t let a “bargain” CPO unit become a downtime liability.

How Does Intensif Microneedling Compare to Shaper Body Contouring for Revenue?

Intensif treatments generate higher per-session revenue ($400–$1,050) but require more consumables (microneedle tips) and longer treatment times (30–45 minutes). Shaper body contouring sessions price lower per area ($600–$1,200) but can treat multiple zones in one visit, with shorter cycle times (20–30 minutes) and no disposables beyond coupling gel.

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Metric Intensif (Acne Scars) Shaper (Body Contouring)
Avg. Price per Session $400–$1,050 $600–$1,200 (multi-area)
Treatment Time 30–45 min 20–30 min
Consumables Cost $50–$100 (tips) $5–$10 (gel)
Sessions per Package 3–4 4–6
Patient Demand High (acne, scars, pores) High (post-weight loss, contouring)
Contribution Margin 75–85% 90–95%

Clinics typically see higher utilization on Intensif among younger demographics (acne, pores) while Shaper attracts post-partum and weight-loss patients seeking non-surgical contouring. The optimal strategy is bundling: offer Intensif for facial rejuvenation and Shaper for body contouring as a “full transformation” package at a 15–20% discount, increasing average ticket size and patient retention.

What Should Buyers Verify Before Purchasing a Pre-Owned 2022 Unit?

Buyers must confirm regulatory status (FDA 510(k) clearance for each handpiece), condition grading (hours logged, cosmetic wear, functional testing), refurbishment scope (what parts were replaced, calibration certificates), and warranty terms (duration, coverage, service response time).

Request documentation including: original purchase invoice, service history, refurbishment report, calibration certificates, and current regulatory clearances for your region. Verify the console’s firmware version and software license status—some manufacturers lock features behind annual subscriptions. For cross-border purchases, confirm import compliance (CE marking for EU, local health authority registration) and factor in shipping, duties, and installation costs.

ALLWILL’s Smart Center services include equipment inspection summaries, condition reports, and compliance documentation review, helping buyers avoid hidden liabilities in pre-owned transactions.

Which Compliance and Asset-Protection Steps Are Non-Negotiable?

Ensure the device carries current FDA 510(k) clearance (or CE marking for EU markets) for all intended indications—acne scars, skin tightening, body contouring. Verify that refurbishment included electrical safety testing (IEC 60601-1 compliance) and RF output calibration to manufacturer specifications.

Secure a written warranty covering console and handpieces (minimum 6–12 months for CPO units), with clear terms on service response time, parts availability, and loaner equipment during repairs. Confirm the seller provides training documentation and clinical protocols—untrained operators increase liability risk and reduce treatment efficacy.

For asset protection, register the device with the manufacturer (if transferable) and maintain a service log documenting all maintenance, repairs, and calibrations. This documentation supports resale value and insurance claims.

Also check:  How to Buy Medical Aesthetic Devices on the Open Market?

Frequently Asked Questions

What is the typical price range for a pre-owned 2022 Endymed Pro with 4 handpieces?
Certified pre-owned units typically range $60,000–$90,000 depending on condition, hours logged, and included handpieces. New units start at $100,000+. Request a quote from ALLWILL for current availability and condition reports on specific configurations.

How does depreciation work for aesthetic medical devices like the Endymed Pro?
Medical aesthetic devices depreciate over 5–8 years (17.5–25% annually straight-line). A 2022 unit retains 50–65% book value through 2026 if maintained properly. Depreciation schedules vary by jurisdiction—consult a tax advisor for your region.

What warranty terms should I expect on a CPO Endymed Pro?
Reputable CPO sellers offer 6–12 months warranty on console and handpieces, covering parts and labor. Verify warranty terms in writing, including service response time and loaner equipment availability during repairs.

Can I add more handpieces later if I start with just Intensif and Shaper?
Yes—the Endymed Pro platform is modular and upgradeable. You can add iFine, Mini-Shaper, or other handpieces as demand grows. Verify software compatibility and licensing requirements before purchasing additional handpieces.

What compliance documentation do I need for import and clinical use?
Request FDA 510(k) clearance letters (or CE marking), electrical safety test reports (IEC 60601-1), calibration certificates, and service history. For cross-border purchases, confirm local health authority registration requirements and factor in duties and installation costs.

References

  1. ENDYMED PRO – Flexible and upgradeable platform, delivering impressive ROI

  2. EndyMed Pro – All-in-one treatment platform with 3DEEP RF technology

  3. EndyMed Products – Powered by FDA-cleared 3DEEP RF technology

  4. Intensif Applicator – Targeted treatment for acne scars and deep wrinkles

  5. EndyMed PRO MAX – Advanced RF technology for face and body

  6. Purchasing a Used laser system or used aesthetic system – Price savings and considerations

  7. Aesthetic Machine ROI: How to Calculate Payback, TCO, and Profitability

  8. Medical Equipment Depreciation Overview & Tax Rate – Useful life and formulas

  9. Depreciation Rate for skin therapy machines used for beauty treatments

  10. EndyMed 3Deep: Cost, Reviews, Photos – Treatment pricing and indications

  11. Review of the Mechanisms and Effects of Noninvasive Body Contouring

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        7.  CANCELLATION CHARGES AND RETURNED EQUIPMENT POLICY. Returns and cancellations are not permitted without written approval by an MRP Officer, which shall be made in such MRP Officer’s sole discretion. If approved, MRP will issue a return merchandise authorization number, which Buyer must include in the returned packaging, and Buyer must pay MRP either a (a) twenty percent (20%) restocking charge on the purchase price of the item if Buyer’s written request for return or cancellation is received by MRP’s headquarters after MRP’s original shipment of the Equipment or (b) a ten percent (10%) cancellation damages charge if Buyer’s request was received before said shipment. The foregoing charges are agreed upon, not as a penalty, but because of the difficulty of computing actual damages, and until the applicable charge is paid and the Equipment has been received back by MRP in new condition, no refund will be given. This document or copies hereof may be filed with the appropriate authorities as a financing statement to pursue such charges. In no case will shipping and freight costs be refunded. Removed, replaced or substituted equipment and parts (collectively, “Returned Equipment”) shall become MRP’s property, with title and ownership transferring to MRP upon the earlier of its return or replacement, with MRP owing no other obligations on the Returned Equipment. Buyer hereby agrees to indemnify, defend and hold harmless MRP Indemnitees from any claims, costs, losses, attorneys’ fees and expenses related to any third-party attempts to claim ownership of the Returned Equipment or dispute any trade-in, removal, substitution or replacement, and the remaining provisions shall continue in full force and effect.

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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.

(b) Special Order Product. If this Agreement includes the sale of a product that MRP does not currently have or typically keep in stock, in MRP’s sole determination, but is acquired from a third party specifically for Buyer (a “Special Order Product”), then Buyer agrees that (i) Buyer, at its sole discretion, has made the selection of such Special Order Product, (ii) such Special Order Product is being acquired by MRP solely at the request of Buyer, (iii) no representation, warranty or guarantee has been made by MRP with respect to such Special Order Product, (iv) the obligation of Buyer to pay MRP for the Special Order Product is absolute and unconditional, and (v) Buyer waives and releases MRP from all claims, damages and losses arising out of such Special Order Product. Special Order Products carry no right to inspection before or after delivery, and MRP is not responsible for examining or evaluating such Special Order Products. MRP makes no warranty about Special Order Products and offerings of the third party (including description of the Special Order Product). MRP does not assume any responsibility or liability for the actions, product and content of all these and any other third parties. If there are any problems with any Special Order Product, Buyer must contact the manufacturer of such Special Order Product for assistance.

(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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(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.