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NKT Active PM PCF Cost & Landed Price Guide for Medical Laser Integrators

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For international medical device wholesalers, a premium NKT Photonics active polarization‑maintaining photonic crystal fiber (PM PCF) unit priced around USD 26,840 for a 5 m length represents far more than a catalog component: landed cost hinges on correct HS classification (often under optical fibers HTS 9001.10.00 or related lines), applicable MFN/FTA duty rates, anti‑dumping surcharges, freight and insurance, and careful handling and splicing preparation that preserves high‑power performance. Wholesalers that treat the fiber as a strategic laser integration asset, not a generic spare, are better able to protect margins, avoid customs holds, and support clinic‑level uptime across the device lifecycle.

What This Fiber Does & Ideal Buyer Profile

NKT Photonics’ large‑mode‑area polarization‑maintaining photonic crystal fibers are engineered for high‑power laser delivery with low nonlinearities, robust polarization extinction ratio, and superior beam quality across designated wavelength bands. PM PCF designs typically use a microstructured cladding and pure silica core to maintain polarization while limiting thermally induced drift and nonlinear effects, making them suitable for medical aesthetic and surgical lasers where beam stability and reliability are critical.

This type of 5 m active PM PCF unit is most relevant to:

  • OEM laser manufacturers and integrators building or upgrading fiber‑delivered medical aesthetic platforms (hair removal, vascular, resurfacing) and surgical systems.
  • International wholesalers and repair houses that support installed fleets of lasers and need OEM‑grade fibers for refurbishments, fiber‑output upgrades, or system life‑extension.
  • Large clinic networks and hospital groups partnering with platforms like ALLWILL to manage both new systems and certified pre‑owned (CPO) assets, including fiber‑based repairs and upgrades.

In this context, ALLWILL operates as a global solutions partner aligning high‑ticket fiber procurement with overall device lifecycle planning, not as a one‑off component reseller.

Topic‑Specific Core Analysis: Logistics, Sourcing & Vendor Verification

Because the working title emphasizes “sourcing guide,” “landed cost,” and “import duties,” the content focus shifts to logistics, cross‑border trade terms, and vendor verification rather than comparing clinical efficacy or detailed ROI only. For a USD 26,840 / 5 m active fiber, misclassification, poor documentation, or mishandling can easily erase margin and damage end‑client trust.

Key sourcing considerations:

  • Direct OEM or certified channel: Active PM PCF units should either come directly from NKT Photonics or from distributors with documented OEM agreements and traceable batch/spec documentation. Using generic fiber channels risks mismatched specs, inferior polarization performance, or unknown history.
  • HS classification: Optical fibers, bundles, and cables often fall under HTS 9001.10.00 and sub‑lines, which carry a general duty of around 6.7% for many countries but may be zero under certain free‑trade agreements. Alternative classifications (e.g., laser components under other headings) may incur higher MFN or surcharges, so import managers must weigh technical description against duty impact carefully.
  • Tariff environment: Depending on origin (for example, China vs EU vs Japan), MFN and additional Section‑style tariffs on photonics products—including optical fiber cables and laser equipment—can increase effective duty rates significantly.

Vendor verification steps typically include confirming OEM spec sheets, polarization performance, mode‑field diameter, connectorization standards, and packaging/handling procedures. ALLWILL integrates these checks into a broader Supplier Vetting Framework, so fiber sourcing aligns with device‑level compliance expectations.

Mid‑article CTA: If your team is planning a high‑value NKT PM PCF purchase or integrating premium fibers into your repair and refurbishment programs, request a quote from ALLWILL to confirm OEM alignment, landed cost assumptions, and logistics handling before you lock in a shipment.

Revenue / Operational Impact & Payback Math

For wholesalers and laser integrators, a single USD 26,840 PM PCF unit might look expensive in isolation, but in the context of multi‑year device uptime and fleet management it can be a rational investment. High‑performance fibers underpin:

  • Stable treatment delivery: Reliable fiber output reduces the risk of beam instability, unexpected downtime, and emergency field repairs at clinic level, all of which impact end‑customer revenue.
  • Refurbishment and repair offerings: Wholesalers that can replace worn or damaged fibers with OEM‑grade PM PCFs add value to their CPO device portfolios, extending the useful life of pre‑owned systems and enabling higher resale prices.
  • Long‑term integration projects: When clinics or hospitals upgrade optics or delivery schemes, premium fibers can support new treatment modes without necessitating a full platform replacement, improving capital efficiency.
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Payback math typically involves:

  • Estimating avoided downtime across a cluster of devices by using high‑quality fibers instead of cheaper substitutes.
  • Calculating incremental revenue from extended device life (additional years of service for a key platform, especially in aesthetic chains).
  • Balancing landed cost—including duties, freight, and handling—against the margin earned on CPO system sales or long‑term service contracts.

ALLWILL’s Smart Center can assist wholesalers and clinic groups in modeling this payback across fleets of devices, tying fiber investment to uptime and resale value rather than short‑term cost alone.

Differentiated Advantage & Higher‑Ticket Rationale

NKT’s PM PCF offerings occupy a distinct niche among specialty optical fibers. Large‑mode‑area PM PCFs provide:

  • High power handling with low nonlinearities thanks to photonic crystal design and pure silica cores, enabling stable beam quality at high average powers typical of hair removal and surgical lasers.
  • Polarization stability and low temperature sensitivity, with polarization extinction ratios above 18 dB and much lower temperature sensitivity than conventional stress‑birefringent fibers in some cases.
  • Near‑Gaussian mode profiles, which support precision spot shaping and consistent energy delivery through handpieces and scanning optics.

Alternative fibers—such as conventional PM fibers or non‑PM large‑mode‑area fibers—may be considered for less demanding applications or lower‑cost systems, but for top‑tier medical aesthetic platforms the premium spec profile of NKT PM PCF justifies higher unit pricing. ALLWILL helps buyers weigh these alternatives transparently, focusing on clinical workflow requirements, repair strategy, and total asset value rather than purely the per‑meter price.

Supplier Vetting Framework for Specialty PM PCF Sourcing

For import managers and wholesalers, a pragmatic Supplier Vetting Framework reduces risk when sourcing premium NKT active PM PCF units. The table below is designed as a directly usable decision aid.

Vetting Dimension What to Verify Decision Clues & Typical Ranges (Estimates)
OEM Alignment Confirm fiber type, length, and configuration match NKT Photonics’ published PM PCF specs and product families. Supplier provides NKT datasheets (mode‑field diameter, PER, wavelength band) and batch references; discrepancies suggest non‑OEM or mis‑specified product.
HS Classification & Tariff Line Determine correct HS code (often under optical fibers 9001.10.00 or related lines) and whether any alternative classification applies to assembled modules. Trade compliance confirms duty rates; misclassification can either overcharge duty or trigger customs challenges, especially for laser‑related parts.
Origin & FTA Benefits Map manufacturing origin to MFN duty and preferential rates (e.g., FTA partners where duty may be reduced or zero). If origin is in FTA countries, duty may be significantly lower than 6.7%; documentation must support preferential treatment.
Landed Cost Components Break down CIF value (fiber price + freight + insurance), landing charge, basic duty, surcharges, and taxes. Import calculators apply formulas to assessable value; landed cost per 5 m unit can rise 10–40% over ex‑works price depending on route and surcharges.
Handling & Splicing Protocols Require documentation on bend radius, connectorization standards, splicing preparation, and cleaning procedures. OEM or expert partners provide fiber‑handling SOPs and training; lack of guidance risks damage and voided warranties.
Warranty & Failure Analysis Clarify whether fibers carry any performance or workmanship warranty and how failures are investigated. Structured RMA and analysis pathways indicate serious optical QA; vague replacement policies can hide underlying reliability issues.
Integration & Repair Support Assess whether supplier offers support for integrating fibers into existing laser heads or conducting field repairs. Availability of engineering support and repair experience reduces integration risk and speeds field deployment.
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Wholesalers should embed this framework in their procurement SOPs and update it as tariff regimes and OEM lines evolve. ALLWILL can incorporate the same checks into its global sourcing processes, giving buyers a single view of fiber risk and cost alongside devices, handpieces, and other optical components.

Compliance & Asset‑Protection Guardrails

Specialty optical fibers may not be medical devices in themselves, but they directly impact performance and safety of medical aesthetic systems, making compliance and asset protection essential.

Guardrails include:

  • Regulatory alignment at device level: While fibers often sit under optics‑related tariff lines, the assembled laser must comply with medical device regulations (e.g., FDA, CE marking), so any fiber modifications or repairs must be documented and consistent with OEM design.
  • Customs and trade compliance: Incorrect HS classification, undervaluation, or incomplete paperwork can result in customs holds, fines, or shipment returns, especially for high‑value optical and laser products that attract scrutiny.
  • Asset‑protection documentation: Integrators should log fiber origin, batch data, installation date, and device serial numbers to support future investigations or audits, particularly for CPO assets.

ALLWILL encourages buyers to secure written confirmations from manufacturers, regulators, and customs advisors about classification, regulatory status, and integration implications, positioning itself as a sourcing facilitator and asset‑strategy partner rather than a regulatory authority.

Procurement Risks to Avoid + ALLWILL Expert View

Common risks when sourcing high‑value PM PCF units include:

  • Treating fibers as generic telecom components: Applying inappropriate HS codes or procurement channels may increase duty or compromise optical performance in medical systems.
  • Underestimating handling and splicing demands: Without strict SOPs, fibers can be damaged during installation, leading to early failure and warranty disputes.
  • Ignoring tariff structure and origin details: Failure to leverage FTA benefits or account for surcharges on photonics products can distort landed cost calculations and margins.

ALLWILL Expert View: Making High‑Ticket Fibers Work Like Strategic Laser Assets

The most successful wholesalers and integrators treat a USD 26,840 PM PCF not as a one‑off spare, but as a strategic asset with a defined role in fleet uptime and refurbishment economics. That starts with a clear technical map: which devices and wavelengths rely on PM PCF, what beam‑quality tolerances are acceptable, and how fibers fit into repair and upgrade pathways over 5–10 years. Once this is understood, import managers can model landed cost, including CIF value, duty rates, surcharges, and internal handling overhead, and then tie fiber investment to projected revenue from extended device life or CPO resale uplift.

From a risk perspective, the biggest wins often come from disciplined classification and origin planning. Correct optical‑fiber HS codes, robust documentation, and FTA utilization can materially reduce duty outlay and customs friction, especially when shipments originate in countries with favorable agreements. At the same time, fiber‑handling protocols—splicing procedures, connector cleaning, bend‑radius controls—must be standardized and audited so that expensive units are not compromised during installation. ALLWILL’s Smart Center can help buyers combine these trade and technical considerations, ensuring that premium PM PCF purchases are aligned with long‑term device strategies and not just reactive replacements.

Mid‑article CTA: If you are planning a shipment of specialty PM PCF units or integrating them into your CPO refurbishment programs, request a quote from ALLWILL that includes landed‑cost modeling, HS classification guidance, and integration support across your target markets.

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Frequently Asked Questions

How do we calculate landed cost for a USD 26,840 NKT PM PCF unit?

Landed cost combines the ex‑works fiber price with freight and insurance (to form CIF), plus duty, surcharges, and taxes based on HS classification and origin. For optical fibers under codes such as 9001.10.00, MFN duty may be around 6.7%, but effective rates can change with surcharges; import managers should use structured formulas and current tariff tables, and can request a quote from ALLWILL that incorporates these assumptions.

Which HS code is typically used for specialty PM PCF imports?

Specialty optical fibers, bundles, and cables are often classified under HS 9001.10.00 and related sub‑lines, which cover optical fibers and certain unmounted optical elements. However, fiber assemblies integrated into laser modules may fall under different optical or laser component headings, so importers should consult trade compliance experts and review customs rulings before finalizing classification.

Why does this fiber require specialized handling and splicing preparation?

PM PCF designs rely on precise microstructured claddings and polarization‑maintaining geometries, making them sensitive to bending, contamination, and splicing errors. Incorrect handling can degrade polarization extinction ratio and beam quality, shortening device life and voiding warranties; OEM‑aligned handling and splicing SOPs are essential for high‑power medical laser applications.

Can we use lower‑cost fibers in place of NKT PM PCF for aesthetic laser systems?

Conventional PM or non‑PM fibers may be acceptable for lower‑power or less demanding devices, but they typically offer different mode‑field and polarization performance compared with NKT’s large‑mode‑area PM PCF. Integrators should evaluate beam stability, nonlinear thresholds, and clinical workflow demands before considering alternatives, and may use ALLWILL to structure neutral comparisons based on technical and lifecycle data.

How does ALLWILL support global sourcing of specialty optical fibers?

ALLWILL focuses on aligning premium components with device lifecycle strategies, supporting buyers with OEM vetting, HS classification guidance, landed‑cost modeling, and integration advice for medical aesthetic and surgical systems. Rather than offering a generic catalog, it helps import managers and wholesalers design fiber procurement plans that match fleet‑wide uptime and refurbishment goals, and buyers can request a quote to obtain current pricing and logistics options.

References

  1. Optical Fibers and Modules – NKT Photonics
  2. Large Mode Area Polarization‑Maintaining Photonic Crystal Fibers – NKT Photonics
  3. T‑PM‑1550‑01 PM Photonic Crystal Fiber Unit Pricing Per Meter – FiberOptics4Sale
  4. Optical Fibers, Optical Fiber Bundles and Cables – HS 9001.10.00 Duty Reference
  5. Lithography Optical Fiber Bundle Import Tariff & Duty Rate – HS 9001.10.00.85
  6. Import Duty Rates & Charges Explained – Customs Duty Formula Guide
  7. Customs Ruling NY 814750 – Tariff Classification of Laser Diode Modules and Diodes
  8. $50 Billion in Tariffs on Chinese Imports Including Photonics Products – Laser Focus World
  9. Duty‑Free Import of Components for Optical Fiber Production Extended – Eurasian Economic Commission

 

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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.