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Maximizing Aesthetic Package Value with Tri-Depth Ultherapy: Price, ROI, and Profit Margins

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Tri-depth Ultherapy packages allow clinics to position ultrasound lifting as a premium, high-ticket service while still protecting margins and patient trust. By combining multiple treatment depths (typically 1.5 mm, 3.0 mm, and 4.5 mm) in one protocol and framing it as a full-face or face‑neck “lift package,” clinics can ethically raise prices into the upper Ultherapy range (around $3,000–$6,000 for full-face/neck) while keeping consumable costs stable and per-hour profitability attractive, provided utilization and patient selection are managed carefully.

What Ultherapy Does & Which Clinics Win with Tri-Depth Packages

Ultherapy (Ulthera System, MFU‑V with DeepSEE visualization) is a noninvasive ultrasound platform designed to deliver microfocused ultrasound energy at discrete depths to stimulate neocollagenesis and gradual tissue lifting. The core transducers typically treat at approximately 1.5 mm (superficial dermis), 3.0 mm (deep dermis/subdermal), and 4.5 mm (SMAS/fascial layer), with real‑time imaging up to roughly 8 mm to guide placement.

Clinics that benefit most from tri-depth Ultherapy packages are:

  • Premium medical aesthetic clinics and dermatology practices that already attract higher‑spend, result‑oriented patients.
  • Medspas transitioning from commodity HIFU pricing toward value-based, outcomes‑framed packages.
  • Clinics in urban or destination markets where clients expect bundled, multi‑layer rejuvenation rather than single‑area “spot” treatments.

For these clinics, a tri-depth Ultherapy package becomes less a “per‑area procedure” and more a structured project: full‑face lifting, dual‑depth jawline sculpt, or face‑neck‑décolletage regeneration, all delivered under clear medical oversight.

Tri-Depth Pricing Logic: Why Multi-Depth Packages Justify Higher Ticket

Across major markets, Ultherapy pricing for patients typically ranges from about $800–$1,200 for small areas such as brow lift to $3,000–$4,500 for full face and neck, with comprehensive face‑neck‑décolletage packages often landing between $4,000 and $8,000. Multi-depth packages usually sit at the upper end of these corridors because they:

  • Use more treatment lines (shots) across several depths, increasing session time and device wear.
  • Are framed as full transformation journeys rather than single‑area fixes, aligning with value-based pricing principles already common in aesthetic clinics.
  • Include higher-touch elements such as advanced mapping, pre‑consultation, and structured follow‑up that clients perceive as part of a premium package.

In Asia (including Korea), MFU‑V multi-depth protocols for full face can run roughly $1,380–$2,150, and full face plus neck about $1,920–$2,690, reflecting strong adoption of depth‑mapped, package‑style Ultherapy. When clinics migrate that logic into higher‑priced Western markets, it usually translates to tri-depth full‑face packages around $3,000–$5,500, and full‑face‑neck‑décolletage packages around $5,000–$8,000 depending on positioning and local competition.

For clinic owners, the key is to anchor pricing not in “per‑line” or “per‑area” commoditization, but in the multi-layer clinical design: a tri-depth, mapped, physician‑supervised package that clearly differs from shorter single-depth HIFU sessions.

Revenue Impact & Payback Math for a Tri-Depth Ultherapy Investment

Device Cost Corridors: New vs Certified Pre-Owned

Exact capital prices vary by region and distributor, but realistic corridors for an Ultherapy‑class MFU‑V system are often:

  • New, manufacturer‑sourced Ulthera System (MFU‑V with visualization): approximately $70,000–$120,000 equivalent, depending on configuration, service, and territory.
  • Certified pre-owned (CPO), properly refurbished and documented Ultherapy platforms: often 30–50% below new, yielding corridors roughly $35,000–$80,000, influenced by year, software level, and remaining transducer life.

ALLWILL’s role is typically to help clinics land in the right corridor for their utilization profile: matching new or CPO units to anticipated volume, cross‑checking documentation, and aligning warranty and service with clinic risk appetite.

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Illustrative Payback Scenario (Multi-Depth Packages)

Assume:

  • CPO Ultherapy system acquisition: $55,000 estimate.
  • Average tri-depth full-face package price: $3,500 per treatment (midpoint of common face‑neck ranges, excluding décolletage).
  • Direct session costs (staff time, consumables, anesthesia, post‑care) around 15–25% of price, consistent with typical aesthetic COGS ratios.

If net contribution margin per tri-depth package is about $2,800 (after variable costs but before fixed overhead), then:

  • Break-even on capital cost requires roughly 20–25 tri-depth packages.
  • At a modest pace of 8 packages per month, payback on the device acquisition could land near 3–4 months of active promotion, recognizing that real timelines depend on marketing, case mix, and local demand.

None of this is guaranteed; in practice, clinics need to stress‑test payback under lower utilization scenarios (e.g., 3–5 cases per month, seasonal dips) and include transducer replacement and service costs in long‑term ROI planning. This is where ALLWILL’s Smart Center and advisory services can help owners model realistic throughput and stress‑test multiple pricing options before committing.

Why Tri-Depth Design Supports Higher-Ticket Menu Positioning

Tri-depth Ultherapy protocols align naturally with three levers that support premium pricing:

  1. Depth‑Specific Outcomes Framing
    • 4.5 mm targeting deeper fascial structures is typically positioned as the “foundation lift” layer.
    • 3.0 mm work supports dermal tightening and contour refinement.
    • 1.5 mm complements surface firmness and texture perception.
      When patients understand they are paying for an orchestrated multi-layer approach, not a single pass, they are more receptive to higher ticket ranges.
  2. Mapped, Visualized Procedure Narrative
    MFU‑V with visualization allows clinicians to show live ultrasound maps, explaining why certain depths and lines are chosen and how anatomy guides energy placement. This supports a “precision project” narrative: imaging, planning, execution, and follow‑up, which is easier to position as a multi‑thousand‑dollar treatment journey than an unseen, single‑layer HIFU session.
  3. Package Integration and Add‑Ons
    Clinics can integrate tri-depth Ultherapy into broader rejuvenation programs—combined sequentially or over time with other modalities such as radiofrequency or injectables—without promising specific outcomes. Clients who commit to such packages often accept higher pricing when they see structured timelines, documentation, and touchpoints embedded in the protocol.

For menu design, this translates into “Full-Face Tri-Depth Lift,” “Face + Neck Multi-Layer Ultrasound Lift,” or “Tri-Depth Lift + Regenerative Care Plan”—each defined by the depth map and energy allocation rather than just the number of shots.

Practical Ultherapy Pricing Framework for High-Ticket Tri-Depth Packages

Below is an illustrative decision framework clinics can use to structure their Ultherapy pricing and packaging around tri-depth protocols. Figures are ranges, not promises; each clinic should adapt for its market and case mix.

Package Type Scope & Depths Included Typical Patient Price Range (USD) Suggested Positioning Logic
Targeted Tri-Depth Lift Single focus area (e.g., jawline or brow) with 3.0 mm + 4.5 mm, optional 1.5 mm $1,200 – $2,000 Entry premium; ideal for visible contour zones with shorter sessions. Emphasize precision mapping and minimal downtime.
Full-Face Tri-Depth Lift Full face with 1.5 / 3.0 / 4.5 mm across mapped vectors $3,000 – $4,500 Core flagship package; focus on multi-layer approach, physician oversight, and documented plan. Anchor as “full-face project” rather than per-area procedure.
Face + Neck Tri-Depth Lift Full face plus anterior neck, all three depths as anatomically appropriate $3,500 – $6,000 Upgraded flagship; highlight improved jaw‑neck transition and expanded line count. Position as high-ticket, but still non-surgical.
Face + Neck + Décolletage Tri-Depth Program Face, neck, and chest over one or two sessions, multi-depth per area $5,000 – $8,000 Top-tier package; best for VIP clientele expecting comprehensive rejuvenation. Frame as multi‑visit program with planned follow‑ups and documentation.
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This framework allows clinics to align pricing with depth complexity and scope rather than just time alone, while still respecting regional corridors already observed in patient-facing Ultherapy cost data.

Mid‑article, many clinic owners benefit from seeing how this framework ties back to capital decisions. If you are currently evaluating a new or CPO Ultherapy unit, request a quote from ALLWILL for current device pricing, CPO condition grading, and a transducer life report that aligns with your planned package mix.

Compliance, Regulatory Status, and Asset Protection

Ultherapy (Ulthera System) is widely described as an FDA‑cleared and CE‑marked microfocused ultrasound technology for lifting and tightening indications on face and neck; however, the specific indications, labeling, and approved markets depend on the exact model and regulatory submissions. Clinics must verify the current clearance and CE status directly with the manufacturer or authorized distributors for their jurisdiction, rather than relying on generalized statements.

For asset protection and compliance:

  • Ensure any Ultherapy or MFU‑V device (new or CPO) is authentic, with serial numbers traced and validated against manufacturer records.
  • Confirm that transducers are genuine and that multi‑patient‑use components comply with local infection control and labeling standards.
  • Keep written documentation of service history, software revision, and any refurbishment work done, especially for CPO units, including parts replaced and tests performed.
  • Align patient-facing marketing with actual regulatory indications, avoiding promises beyond cleared or registered uses and ensuring no income guarantees or clinical outcome guarantees.

ALLWILL’s solutions approach is to coordinate verified sourcing, CPO inspection summaries, and service/warranty frameworks that help clinics treat the device as a regulated asset rather than a simple “machine.” Request a quote from ALLWILL if you need a device‑level compliance pack, including sample service agreements and suggested documentation checklists.

Procurement Risks to Avoid & ALLWILL Expert View

Common procurement pitfalls around Ultherapy and tri-depth packaging include:

  • Buying HIFU look‑alikes instead of regulated MFU‑V devices. Some generic ultrasound tightening devices are marketed with similar language but lack the visualization, regulatory status, or quality controls of the Ulthera System; this can undermine pricing, trust, and liability.
  • Underestimating transducer and service costs. Even when packages are priced high, margins erode if clinics fail to model transducer shot limits, replacement schedules, and long‑term service.
  • Overpricing without narrative. Raising prices into premium corridors without clear multi-depth, mapped, medically supervised framing risks pushback and discount cycles.
  • Inadequate documentation and before‑after tracking. Without robust documentation, clinics struggle to maintain patient trust in high-ticket programs and to audit staff adherence to depth maps.

ALLWILL Expert View
For most clinics, the biggest hidden variable in Ultherapy ROI is not the list price of the device—it’s utilization quality, not just quantity. When owners treat tri-depth Ultherapy as a commodity add‑on, sessions drift toward shallow, under‑mapped treatments that are faster to perform but harder to justify at premium price points. That erodes both perceived value and staff engagement.
A better approach is to treat Ultherapy as a structured clinical program: standardized assessment, documented depth maps, clear line budgets by area, and a defined post‑treatment follow‑up window. When that protocol is locked in, pricing becomes more defensible, staff can explain the package consistently, and you can track utilization against targeted payback timelines rather than vague “busy months.” At ALLWILL, we encourage clinics to pair any Ultherapy device purchase—especially CPO units—with a simple utilization plan and a transducer replacement budget baked into the first two years of P&L forecasts. That is where tri-depth packaging stops being a theoretical upsell and starts becoming a predictable, high-ticket revenue line.
Request a quote from ALLWILL if you want to see sample utilization models tailored to your patient volume, average ticket, and staffing structure.

Frequently Asked Questions

What is a realistic Ultherapy tri-depth package price range for full face?

In many markets, full-face Ultherapy packages that use multi-depth protocols typically fall between about $3,000 and $4,500, with higher ranges when neck or décolletage are added and when clinics position the service as a physician‑supervised, multi‑visit program. Each clinic should adjust based on local competition and patient demographics, then test price acceptance during consultation.

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How do new and certified pre-owned Ultherapy devices compare on cost and ROI?

New Ultherapy systems often sit in the roughly $70,000–$120,000 corridor, while certified pre-owned units may be available at 30–50% discounts depending on age, software, and transducer condition. CPO purchases can shorten payback periods significantly, provided clinics verify refurbishment scope, warranty terms, and documentation; request a quote from ALLWILL for detailed condition and cost modeling.

What warranty and service issues should I check before buying an Ultherapy device?

Clinics should verify whether the device comes with manufacturer or third‑party service coverage, what is included (parts, labor, software updates), and how transducer shot limits and replacements are handled. For CPO units, it is essential to obtain written service history and explicit terms for any included warranty, then factor renewal or extended coverage costs into ROI calculations.

How does regulatory compliance affect Ultherapy pricing and marketing?

Pricing itself is not regulated, but marketing claims must align with the device’s cleared or registered indications and avoid promising specific outcomes or income levels. Clinics should confirm FDA/CE status for their model and region, then ensure staff follow consistent language about mechanism and scope; when in doubt, request compliance guidance from your supplier or through ALLWILL’s Smart Center.

What is a typical lead time to acquire and deploy an Ultherapy device in a clinic?

Lead time varies by region and whether the unit is new or certified pre-owned, but many clinics can move from decision to first patient treatments within 4–12 weeks, accounting for shipping, installation, basic staff training, and protocol development. To refine that window and reserve inventory, request a quote from ALLWILL for current availability and installation timelines on specific Ultherapy configurations.

References

  1. Ulthera System Instructions for Use (IFU) – Microfocused Ultrasound with Visualization
  2. Microfocused Ultrasound With Visualization in Skin Quality
  3. Ultherapy and Ultherapy PRIME Equipment Specifications – Korea
  4. Average Cost of Ultherapy 2026
  5. Ultherapy Cost Guide: Price Range and What Affects It 2025
  6. Micro-Focused Ultherapy (MFU-V) Cost in Korea
  7. United States Ultrasound Skin Tightening Devices – Price Evidence
  8. How Much Does an Ultherapy Machine Cost?
  9. Used Ultherapy for Sale (Refurbished Pricing and Verification)
  10. A Review of Skin-tightening Energy Technologies
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        9.  DISCLAIMERS; NO OTHER WARRANTY. EXCEPT TO THE EXTENT AS PROVIDED IN SECTION 8(c)(i)(D), BUYER ACKNOWLEDGES THAT MRP IS NOT BOUND BY ANY WARRANTY THAT MAY BE SET FORTH IN A MANUFACTURER’S WRITTEN MATERIALS THAT WOULD HAVE APPLIED HAD BUYER PURCHASED THE EQUIPMENT DIRECTLY FROM THE MANUFACTURER IN ITS UNUSED STATE. BUYER ACKNOWLEDGES THAT BUYER HAS NOT RELIED UPON ANY WARRANTY OTHER THAN AS SET FORTH IN THIS AGREEMENT. IN ADDITION, BUYER ALSO HEREBY ACKNOWLEDGES AND AGREES THAT ANY ORAL OR WRITTEN STATEMENTS CONCERNING USE AND REGULATION OF MEDICAL DEVICES SOLD BY MRP ARE AND SHALL BE CONSTRUED AS FOR INFORMATIONAL PURPOSES ONLY AND WITHOUT WARRANTY OR ASSURANCE BY MRP AS TO THEIR ACCURACY OR VALIDITY. MRP ALSO HEREBY DISCLAIMS ANY AND ALL WARRANTIES REGARDING OTHER MEDICAL CARE OR HELP, INCLUDING THE SELECTION OF AESTHETIC AND MEDICAL PROCEDURES AND PRODUCTS FOR, OR CARE OF, PATIENTS. THE LIMITED WARRANTIES OF THIS AGREEMENT, IF APPLICABLE TO ANY EQUIPMENT OR SERVICE FURNISHED UNDER THIS AGREEMENT, CONSTITUTE THE ONLY WARRANTIES MADE WITH RESPECT TO THE EQUIPMENT AND/OR SERVICE AND ANY DEFECT, DEFICIENCY OR NONCONFORMITY. TO THE EXTENT PERMITTED BY LAW, SUCH WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.

        10.  LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL MRP BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES, ARISING FROM, RELATED TO OR CAUSED, DIRECTLY OR INDIRECTLY, WHETHER FORESEEABLE OR NOT, BY THE EQUIPMENT AND/OR THE SERVICES, THE USE OR INABILITY TO USE THE EQUIPMENT, THE RESULTS GENERATED FROM THE EQUIPMENT AND/OR THE SERVICES, THIS AGREEMENT, ANY OTHER ACT OR OMISSION OF MRP, OR BASED UPON ANY OTHER LEGAL THEORY. IN NO EVENT SHALL MRP BE LIABLE FOR ANY LOSSES OF REVENUE, USE, BUSINESS OPPORTUNITY, PROFIT, SAVINGS OR ANY OTHER DAMAGES DUE TO ANY CAUSE WHATSOEVER, EVEN IF MRP OR ITS AGENTS HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. THE FOREGOING IS A SEPARATE, ESSENTIAL TERM OF THIS AGREEMENT, AND SHALL BE EFFECTIVE UPON THE FAILURE OF ANY REMEDY, EXCLUSIVE OR NOT. IN NO EVENT WILL MRP’S TOTAL LIABILITY UNDER THIS AGREEMENT EXCEED THE PURCHASE PRICE ACTUALLY PAID TO MRP BY BUYER FOR THE EQUIPMENT AND/OR THE SERVICES GIVING RISE TO THE CLAIM FOR WHICH DAMAGES ARE BEING SOUGHT. NO SUIT OR ACTION MAY BE BROUGHT BY BUYER, ITS SHAREHOLDERS, DIRECTORS, MANAGERS, EMPLOYEES OR AGENTS FOR ANY BREACH OF THIS AGREEMENT MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION. IT IS AGREED THAT MRP’S LIABILITY IS SO LIMITED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BUYER ASSUMES ALL RISK AND LIABILITY FOR THE RESULTS OBTAINED BY THE USE OF ANY EQUIPMENT IN THE PRACTICE OF ANY PROCESS, WHETHER IN TERMS OF OPERATING COSTS, GENERAL EFFECTIVENESS, SUCCESS OR FAILURE, AND REGARDLESS OF ANY ORAL OR WRITTEN STATEMENTS MADE BY MRP, BY WAY OF TECHNICAL ADVICE OR OTHERWISE, RELATED TO THE USE OF THE EQUIPMENT.

        11.  BUYER’S REPRESENTATIONS AND WARRANTIES. Buyer represents and warrants to MRP that: (a) Buyer is duly organized, validly existing, and in good standing in the jurisdiction of Buyer’s formation; (b) Buyer is duly qualified to do business and is in good standing in every jurisdiction in which such qualification is required; (c) Buyer has the full right, power, and authority to enter into this Agreement and to perform Buyer’s obligations under this Agreement; (d) the execution of this Agreement by the person whose signature is set forth at the end hereof has been duly authorized by all necessary corporate action of Buyer; (e) when executed and delivered by each of MRP and Buyer, this Agreement will constitute the legal, valid and binding obligation of Buyer, enforceable against Buyer in accordance with its terms; (f) Buyer is in compliance with all applicable laws relating to this Agreement, the Equipment and the operation of Buyer’s business; (g) Buyer is not insolvent and is paying all of its debts as they become due; and (h) all financial information that Buyer has provided to MRP is true and accurate and fairly represents Buyer’s financial condition.

        12. PROPRIETARY RIGHTS.

(a) Ownership. No sale shall be construed as granting to Buyer any license or other right in, or to, any of MRP’s (i) patents; (ii) trademarks; (iii) internet domain names, whether or not trademarks, registered by any authorized private registrar or governmental authority, web addresses, web pages, websites and URLs; (iv) works of authorship, expressions, designs and design registrations, whether or not copyrightable, including copyrights and copyrightable works, software and firmware, technical data, data files, and databases and other specifications and documentation; (v) trade secrets; (vi) environmental or other testing applicable to the Equipment and/or the Services; and (vii) industrial and other intellectual property rights, and all rights, interests, and protections that are associated with, equivalent or similar to, or required for the exercise of, any of the foregoing, however arising, in each case whether registered or unregistered and including all registrations and applications for, and renewals or extensions of, such rights or forms of protection pursuant to the laws of any jurisdiction throughout in any part of the world (collectively, the “Intellectual Property Rights”).

(b) Prohibited Acts. Buyer shall not (i) take any action that might interfere with any of MRP’s rights in or to Intellectual Property Rights, including MRP’s ownership or exercise thereof; (ii) challenge any right, title, or interest of MRP in or to the Intellectual Property Rights; (iii) make any claim or take any action adverse to MRP’s ownership of the Intellectual Property Rights; (iv) register or apply for registrations, anywhere in the world, for MRP’s trademarks or any other trademark that is similar to MRP’s trademarks or that incorporates MRP’s trademarks in whole or in confusingly similar part; (v) use any mark, anywhere that is confusingly

similar to MRP’s trademarks in whole or in confusingly similar part; (vi) engage in any action that tends to disparage, dilute the value of or reflect negatively on the Equipment and/or the Services or any of MRP’s trademarks; (vii) misappropriate any of MRP’s trademarks for use as a domain name without prior written consent from MRP; or (viii) alter, obscure or remove any of MRP’s trademarks, or trademark or copyright notices or any other proprietary rights notices placed on the

Equipment, marketing materials or other materials that MRP may provide.

        13.  CONFIDENTIAL INFORMATION. Without the prior written consent of MRP,Buyer, directly or indirectly, shall not disclose (and will direct its directors, shareholders, employees and agents not to disclose) any Confidential Information. The term “Confidential Information” means any information of or relating to MRP or the Equipment and/or the Services not generally known to the public (other than as a result of disclosure in violation of this Agreement) in spoken, printed, electronic or any other form or medium, including, but not limited to, business processes, practices, methods, policies, plans, publications, documents, research, operations, services, strategies, techniques, agreements, contracts, transactions, potential transactions, know-how, trade secrets, databases, manuals, records, supplier information, financial information, accounting information, legal information, marketing information, pricing information, payroll information, personnel information, and supplier lists.

        14.  NON-SOLICITATION. Buyer agrees not to solicit or hire any personnel of MRP involved with the delivery of the Services during the provision of such Services and for twelve (12) months after the completion of such Services; provided, however, that Buyer may hire individuals employed by MRP who, without other solicitation, respond to advertisements or solicitations aimed at the general public.

        15.  EQUITABLE REMEDIES. Buyer acknowledges and agrees that (a) a breach or threatened breach by Buyer of any of its obligations under Sections 13 or 14 would give rise to irreparable harm to MRP for which monetary damages would not be an adequate remedy and (b) in the event of a breach or a threatened breach by Buyer of any such obligations, MRP shall, in addition to any and all other rights and remedies that may be available to MRP at law, at equity, or otherwise in respect of such breach, be entitled to equitable relief, including a temporary restraining order, an injunction, specific performance, and any other relief that may be available from a court of competent jurisdiction, without any requirement to post a bond or other security, and without any requirement to prove actual damages or that monetary damages will not afford an adequate remedy. Buyer agrees that Buyer will not oppose or otherwise challenge the appropriateness of equitable relief or the entry by a court of competent jurisdiction of an order granting equitable relief, in either case, consistent with the terms of this Section 15.

        16.  INDEMNIFICATION. Buyer agrees to indemnify, defend and hold harmless MRP and its directors, shareholders, employees and agents (collectively, “MRP Indemnitees”) against any liability, damage, loss or expense incurred by or imposed in connection with any claims, suits, actions, demands or judgments arising out of (a) any breach or non-fulfillment of any representation, warranty or covenant set forth in this Agreement by Buyer or its directors, managers, employees or agents (collectively, “Buyer’s Agents”); (b) any negligent act or omission or willful misconduct of Buyer or Buyer’s Agents in connection with this Agreement; (c) any bodily injury, death of any person or damage to real or tangible personal property caused by Buyer or Buyer’s Agents, including the use of unauthorized parts in or service of the Equipment; (d) any failure by Buyer or Buyer’s Agents to comply with any applicable laws; (e) any fraud or other intentional acts by Buyer or Buyer’s Agents; and (f) the use or operation of the Equipment, including, without limitation, any medical and/or surgical procedures performed by Buyer, and any of Buyer’s Agents, using the Equipment unless said damages are determined by a court of competence jurisdiction to be solely by the gross negligence of MRP or solely as result of a breach by MRP of the limited warranties contained herein.

        17.  DEFAULTS; REMEDIES. Notwithstanding anything herein to the contrary, should Buyer fail to pay for the order or any other amount, in whole or in part, when due or perform its other obligations under this Agreement or as otherwise mutually agreed in writing between Buyer and MRP (each, a “Default”), then MRP may take any and all actions available under law or equity to collect said amounts with a ten (10) day prior written notice, including, but not limited to, enforcing its security interest, accelerating the payment of and declaring immediately due and payable any unpaid balance of the order, referral to outside collection agencies and/or commencement of legal action. MRP’s rights shall be cumulative, and it shall not be required to have attempted to realize upon to the Equipment before taking any other collection actions. MRP may require that Buyer assemble and return any or all of the Equipment to MRP and, in the event Buyer fails to return such Equipment peaceably, enter upon the premises where such Equipment is located, with or without legal process, and repossess such Equipment. Upon a Default, Buyer agrees to pay upon MRP’s demand: (i) all costs and expenses incurred by MRP or its assignee in connection with the enforcement of any remedies, including all expenses incurred in connection with the return, sale, release or other disposition of the Equipment, including attorneys’ fees and other costs incurred by MRP or its assignee in enforcing or defending its rights and remedies under this Agreement and any other written agreement between Buyer and MRP.

        18.  COMPLIANCE WITH LAWS. Buyer shall (a) carry out the transactions contemplated by this sale and deal with the Equipment in conformity with all applicable laws, rules and regulations of all government authorities, including, without limitation, export laws, (b) obtain all permits and licenses required in connection with the purchase, shipment, installation or use of the Equipment, and (c) be solely responsible to fully understand and comply with laws, rules and regulations. Any information provided is as a convenience only.

        19.  FURTHER ASSURANCES. Upon MRP’s reasonable request, Buyer shall, at its sole cost and expense, execute and deliver all such further documents and instruments, and take all such further acts, necessary to give full effect to this Agreement.

        20.  ASSIGNMENT; SUCCESSORS AND ASSIGNS. Buyer cannot delegate any duties nor assign any rights or claims under this Agreement without MRP’s prior written consent, and any such attempt or assignment shall be void. In the event that Buyer finances its acquisition of any Equipment with a third party, Buyer may direct MRP to transfer title of such Equipment to such third-party financing company, with all remaining terms and conditions of this Agreement remaining in full force and effect. This Agreement is binding on and inures to the benefit of the parties to this Agreement and their respective permitted successors and permitted assigns.

        21.  NO THIRD-PARTY BENEFICIARIES. Subject to Section 16, this Agreement benefits solely the parties to this Agreement and their respective permitted successors and assigns, and nothing in this Agreement, express or implied, confers on any other person any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.

        22.  GOVERNING LAW; VENUE. The application of the UN Convention on Contracts for the International Sale of Goods is expressly excluded. The parties agree that any and all claims, demands, disagreements, controversies or disputes arising out of or relating to this Agreement and any agreement or document delivered in connection herewith (collectively, “Claims”) shall be governed by and construed in accordance with the laws of the State of Utah and adjudicated exclusively in the state and federal courts located in or nearest to Summit County, Utah, which courts shall have the sole and exclusive jurisdiction and venue for adjudication of all Claims. The parties hereby agree upon, consent and stipulate to the jurisdiction and venue of the aforementioned courts for the adjudication of all Claims, to the exclusion of all other courts, forums and venues whatsoever.

        23.  NON-DISPARAGEMENT. Buyer shall not disparage MRP or MRP’s trademarks, websites, products or services, or display any such items in a derogatory or negative manner on any website or in any public forum or press release.

        24.  NOTICES. Any notice, demand, or communication required, permitted or desired to be given hereunder shall be deemed effectively given when personally delivered, when sent by electronic means, when received by overnight courier, or when mailed by prepaid, certified or registered mail, return receipt requested, addressed to the other party at its address set forth on the Quote or to such other address that the receiving party may designate from time to time in accordance with this Section 25.

        25.  PUBLIC ANNOUNCEMENTS. Unless otherwise stated herein, neither party shall issue a press release or otherwise advertise, make a public statement or disclose to any third-party information pertaining to the relationship arising under this Agreement, the existence or terms of this Agreement, the underlying transactions between MRP and Buyer or agent for Buyer or refer to the other party in relation to this Agreement without the other party’s prior written approval.

        26.  ENTIRE AGREEMENT; ADDITIONAL OR INCONSISTENT TERMS. Subject to Section 32, this Agreement constitutes the sole and entire agreement between the parties hereto relating to the subject matter hereof, and any unincorporated representation, affirmation of fact, course of prior dealings, promise or condition in connection therewith, or usage of the trade, shall not be binding on either party. Terms and conditions set forth which differ from, conflict with or are not included in this Agreement shall not be part of any agreement between MRP and Buyer unless both parties specifically accept such terms and conditions in writing.

        27.  WAIVER. No waiver under this Agreement is effective unless it is in writing and signed by the party waiving its right. Any waiver authorized on one occasion is effective only in that instance and only for the purpose stated and does not operate as a waiver on any future occasion. None of the following constitutes a waiver or estoppel of any right, remedy, power, privilege or condition arising from this Agreement: any failure or delay in exercising any right, remedy, power or privilege or in enforcing any condition under this Agreement; or any act, omission or course of dealing between the parties.

        28.  SURVIVAL. Subject to the limitations and other provisions of this Agreement, the representations and warranties of Buyer contained herein shall survive the expiration or earlier termination of this Agreement for a period of twelve (12) months after such expiration o termination and (b) this Section 29 and Sections 10, 12, 13, 14, 15, 16, 17, 21, 22, 23, 24, 26, and 32 of this Agreement, as well as any other provision that, in order to give proper effect to its intent, should survive such expiration or termination, shall survive the expiration or earlier termination of this Agreement. All other provisions of this Agreement shall not survive the expiration or earlier termination of this Agreement.

        29.  RELATIONSHIP OF PARTIES. Nothing in this Agreement creates any agency, joint venture, partnership or other form of joint enterprise, employment or fiduciary relationship between the parties. Neither party has any express or implied right or authority to assume or create any obligations on behalf of or in the name of the other party or to bind the other party to any contract, agreement or undertaking with any third party.

        30.  HEADINGS. The headings in this Agreement are for reference only and do not affect the interpretation of this Agreement.

        31.  ORDER OF PRECEDENCE. In the event of conflict between the Quote, a written agreement by MRP, and these Terms, the order of priority shall be: (1) the written

agreement by MRP, if only if executed by an MRP Officer, (2) the Quote and (3) these Terms, and only to the extent of the direct conflict. Notwithstanding the foregoing, MRP shall not be bound by, and specifically objects to, any terms, conditions or other provisions, both written and oral, which are different from, in addition to or inconsistent with the provisions of this Agreement which are set forth in any purchase order, receipt, acceptance, confirmation, correspondence or otherwise of, or by, Buyer. Fulfillment of Buyer’s order shall not constitute acceptance of any of Buyer’s terms and conditions and does not serve to modify or amend the terms and conditions contained herein.

        32.  SEVERABILITY. If any part of this Agreement is held to be void, illegal or unenforceable, then it shall be deemed to be severed from this Agreement and the remaining provisions shall continue in full force and effect; provided, however, that if any fundamental term or provision of this Agreement is held to be void, illegal or unenforceable, the remainder of this Agreement shall be unenforceable. Upon a determination that any term or provision is void, illegal or unenforceable, the parties shall negotiate in good faith to modify this Agreement to effect the original intent of the parties as closely as possible in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.