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NKT DC-250/50-PM-Tm Cost & Uptime Guide: Fixing 2 µm Thulium Laser Power Drift

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For BMEs diagnosing erratic power drops in continuous-wave 2 µm Thulium ablation systems, the most effective intervention is often upgrading beam delivery to an active polarization-maintaining photonic crystal fiber (PM PCF) like the NKT DC-250/50-PM-Tm, rather than repeatedly servicing the laser head. Standard solid-core fibers suffer localized heating and thermal lensing that cause apparent power drift, whereas the micro-structured air-hole cladding and large mode field diameter (≈38 µm) of DC-250/50-PM-Tm mitigate thermal gradients and stabilize output. Clinics evaluating new or CPO Thulium platforms should treat fiber choice as a core uptime and ROI variable before requesting a quote from ALLWILL.

What It Does and Ideal Clinic Profile

Thulium-based 2 µm continuous-wave lasers are widely used for precise soft-tissue ablation in ENT, urology, and increasingly high-end aesthetic resurfacing and remodeling applications. Beam delivery in these systems typically relies on specialty fibers engineered to handle high average power with stable polarization and consistent spot quality at the treatment site.

The NKT DC-250/50-PM-Tm is a single-mode, polarization-maintaining photonic crystal fiber optimized around a 1960 nm operating wavelength for Thulium lasers. It features a micro-structured cladding with air holes and an effective mode field diameter around tens of micrometers (≈38 µm), which reduces power density and thermal loading compared with conventional small-core fibers. Ideal users include hospital BMEs and advanced medspa or clinic engineering teams responsible for high-duty-cycle Thulium systems where unexpected power drift, beam quality changes, or downtime directly affect procedure throughput and revenue.

For these environments, pairing Thulium lasers with DC-250/50-PM-Tm or similar PM PCF is less a minor component choice and more a strategic uptime decision—one that ALLWILL can integrate into new or certified pre-owned system packages and service plans.

Technical Core Analysis: Thermal Lensing and Power Drift in 2 µm Systems

In high-power laser systems, thermal lensing arises when optical components absorb part of the beam and develop temperature gradients that change the local refractive index. In fiber delivery, this can occur in solid-core fibers or connectors, where concentrated heat along the beam axis creates a refractive index profile that acts like an unintended lens, altering mode shape and apparent power at the output.

For 2 µm Thulium lasers running continuous-wave or high-duty cycles:

  • Absorption in fiber core and coatings at 1960 nm can cause longitudinal and radial thermal gradients.
  • Resulting index changes lead to beam waist shifts, mode distortion, and fluctuating coupling into downstream optics, perceived as power drift.
  • Stress-induced birefringence under uneven heating can degrade polarization extinction ratio, affecting systems that rely on well-defined polarization for precise ablation or integration with polarization-sensitive optics.

Traditional step-index fibers with relatively small mode field diameters concentrate optical power in a small cross-section, increasing intensity and localized heating under high continuous power. Over time, this can push fibers toward core damage thresholds, accelerate aging, and limit reliable peak power handling.

DC-250/50-PM-Tm’s photonic crystal design replaces a conventional homogeneous cladding with an array of micro-structured air holes that influence guidance and thermal behavior. The large effective mode field diameter around 38 µm spreads optical power over a greater area, reducing intensity and thermal load per unit volume within the core region. Combined with appropriate glass composition and coatings, this architecture significantly dampens thermal lensing in the delivery fiber, stabilizing the beam delivered to the patient and the measured output at the console.

For BMEs, the practical implication is clear: when a Thulium laser exhibits power drops and beam changes under load, the root cause is often fiber-induced thermal effects rather than intrinsic laser source failure, and upgrading to DC-250/50-PM-Tm-class PM PCF can be a decisive fix.

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Step-by-Step Troubleshooting: Diagnosing Power Drift vs. Fiber Failure

When confronting 2 µm power drift during CW ablation, BMEs should follow a structured diagnostic path before assuming a laser head defect.

  1. Validate console readings vs. measured output
    Compare internal power monitor readings with an external calibrated power meter at the handpiece. Significant divergence under load suggests delivery optics issues rather than gain medium failure.
  2. Check for time-dependent thermal behavior
    Observe power over 10–20 minutes of continuous operation. A gradual decline or oscillation that stabilizes when duty cycle is reduced is characteristic of thermal lensing and heating in optics or fiber.
  3. Inspect connectors, collimators, and focusing optics
    Look for discoloration, subtle damage, or contamination indicating local absorption. Clean or replace as needed, but recognize that persistent drift may originate in the fiber.
  4. Evaluate fiber type, age, and MFD
    Document fiber model, mode field diameter, and rated power handling. Older or small-MFD standard fibers running near their damage threshold are more prone to thermal issues.
  5. Test with reduced power and pulsed operation (if available)
    If the system supports it, briefly operate at lower continuous power or with duty-cycled output. Improved stability at lower thermal loading implicates the delivery path rather than the source.
  6. Check polarization performance
    For PM systems, measure polarization extinction ratio if tools are available. Degradation under load points toward stress and birefringence changes in fiber or optics.
  7. Confirm cooling performance in the laser head
    Verify that internal cooling (water, air, or microchannel systems) is operating within specification, ruling out gain-medium thermal overload.

If these steps point to fiber-induced instability, upgrading to a high-power, large-MFD PM PCF like DC-250/50-PM-Tm becomes a targeted remedy. Clinics can request a quote from ALLWILL for appropriate fiber replacements or bundles matched to their Thulium platforms, including condition and compatibility checks.

Revenue and Uptime Impact: Payback Math for Fiber Upgrades

From a clinic-owner perspective, Thulium laser uptime and performance translate directly into procedural capacity and revenue. Recurrent power drift or erratic ablation behavior can lead to canceled cases, extended operating times, or inconsistent clinical confidence, all of which carry cost beyond the fiber itself.

Key financial drivers include:

  • Reduced unscheduled downtime: Stable fiber delivery cuts interruptions for diagnostics and unplanned repairs, preserving booked case revenue.
  • Shorter, more predictable procedure times: Reliable power output allows surgeons to maintain standardized ablation parameters and throughput.
  • Enhanced asset lifespan: Operating within well-defined thermal and damage thresholds for fibers and optics reduces catastrophic failures and replacement frequency.

Although DC-250/50-PM-Tm and similar PM PCF fibers carry a higher unit cost than generic or legacy fibers, the payback logic often favors proactive upgrade. For example, if a high-volume clinic’s Thulium system performs several cases per day, even one day of downtime or a handful of extended procedures can outweigh the incremental fiber investment. ALLWILL can help quantify this by comparing expected uptime gains and reduced emergency service calls against fiber replacement cost in both new and CPO system contexts.

Mid-article, this is the stage where engineering and management teams should request a quote from ALLWILL for DC-250/50-PM-Tm or equivalent PM PCF solutions, including estimated cost ranges, lead time, and integration with existing Thulium units.

Differentiated Advantage and Higher-Ticket Rationale

DC-250/50-PM-Tm’s higher perceived value versus standard fibers stems from its physics: the photonic crystal architecture and polarization-maintaining design directly target high-power, single-polarization Thulium delivery. Instead of depending solely on external cooling or thermal lens compensation optics, the fiber itself becomes part of the thermal management strategy.

Differentiators include:

  • Micro-structured air-hole cladding: This design supports guidance at 1960 nm while enabling tailored mode field diameter and reduced effective index sensitivity to temperature.
  • Large MFD (~38 µm): Spreading the mode reduces intensity and lowers risk of core damage under high average power.
  • Polarization-maintaining structure: High polarization extinction ratio supports polarization-sensitive ablation techniques and stable coupling into external optics.
  • High peak power handling: Design and materials allow safe operation at power levels suitable for demanding medical procedures.
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Clinics might consider alternative high-power fiber solutions, including other PM PCFs or specialty solid-core fibers designed for 2 µm, but these should be evaluated against DC-250/50-PM-Tm on thermal behavior, polarization performance, and integration convenience. ALLWILL’s neutral position allows side-by-side technical comparisons when Thulium OEM recommendations permit more than one fiber option.

Practical BME Technical Maintenance Checklist: Diagnosing and Preventing Thermal Lensing in Thulium Fiber Delivery

Because this title clearly targets technical specs, engineering behavior, and power drift, the decision aid here is a BME Technical Maintenance Checklist rather than a cost table.

BME Technical Maintenance Checklist for 2 µm Thulium Fiber Delivery

  • Verify laser console power readings against an external calibrated power meter at the handpiece during CW operation; note any divergence trends over time.
  • Monitor output power over extended runs (10–20 minutes) at typical clinical settings to identify slow thermal lensing-related drift versus immediate faults.
  • Inspect fiber connectors, collimators, and objectives for signs of heating, discoloration, or contamination that increase local absorption; clean or replace as needed.
  • Document fiber model, core structure (solid-core vs. PCF), mode field diameter, and rated continuous/peak power handling at 1960 nm; compare with actual usage.
  • Assess polarization performance for PM fibers, measuring polarization extinction ratio where possible to detect stress-induced birefringence changes under load.
  • Evaluate internal laser cooling performance (flow rates, temperatures, alarms) to exclude gain-medium thermal overload as the root cause.
  • If thermal lensing is confirmed, consult OEM and fiber data to consider upgrading to an active PM PCF with larger MFD and documented thermal behavior, such as DC-250/50-PM-Tm.

ALLWILL can assemble these checklist elements into a practical maintenance and upgrade plan, combining fiber sourcing, documentation, and Smart Center advisory for clinics seeking to stabilize Thulium uptime. Request a quote from ALLWILL to align fiber replacement or upgrades with scheduled maintenance windows and inventory planning.

Compliance and Asset Protection

Despite the highly technical nature of fiber selection, medical Thulium systems remain regulated devices with strict performance and safety requirements. Any modification or upgrade to beam delivery components must respect OEM guidelines, local regulations, and institutional policies on equipment changes.

Key compliance guardrails include:

  • Ensuring that replacement fibers and optics meet or exceed OEM specifications for wavelength, power, and polarization handling, and are approved for use with the specific laser model.
  • Maintaining detailed records of component changes, including serial numbers, installation dates, and performance verification results.
  • Confirming that service providers and parts suppliers can document authenticity, quality, and compatibility, particularly for certified pre-owned systems.

From an asset-protection standpoint, stable fiber behavior reduces risk of unplanned failures that can damage high-value laser heads or downstream optics. ALLWILL can facilitate compliant, documented upgrades and repairs, positioning fiber selection as part of an integrated device lifecycle strategy rather than ad hoc replacement.

Procurement Risks to Avoid + ALLWILL Expert View

BMEs and procurement teams face several avoidable risks when addressing Thulium laser power drift:

  • Defaulting to repeated head repairs without analyzing fiber-induced thermal lensing, leading to unnecessary costs and persistent instability.
  • Purchasing non-OEM or undocumented fibers that lack clear specifications for MFD, damage thresholds, or polarization performance at 1960 nm.
  • Underestimating the revenue impact of intermittent drift and downtime when evaluating the cost of higher-spec PM PCF solutions.

ALLWILL Expert View
In our experience, the majority of “mysterious” 2 µm power drift cases are ultimately fiber problems, not laser failures. When BMEs approach Thulium uptime as a system-level issue, the delivery fiber quickly emerges as a high-leverage component: it is where thermal loading, beam geometry, and polarization meet. Upgrading to a documented PM PCF with larger MFD and proven thermal behavior—such as DC-250/50-PM-Tm—often stabilizes performance enough to transform a chronically unreliable asset into a predictable workhorse. From a procurement standpoint, the key is to treat fiber specifications, thermal data, and OEM compatibility letters as part of your capital decision file, not as accessories. The purchase decision then shifts from “Can we afford this fiber?” to “Can we afford the downtime and uncertainty of staying with the old delivery chain?” Requesting a quote that bundles fiber, documentation, and installation windows is how clinics turn that insight into practical risk reduction.

Clinics ready to address Thulium power drift as an uptime and asset-protection issue can request a quote from ALLWILL for NKT DC-250/50-PM-Tm or equivalent PM PCF packages, along with compatibility checks and maintenance planning.

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Frequently Asked Questions

What price range should we expect for an NKT DC-250/50-PM-Tm fiber compared with standard delivery fibers?
High-power PM PCF fibers with large MFD and medical-grade documentation typically sit in a higher price band than generic or legacy fibers, reflecting design and qualification costs. Clinics should treat this as an uptime investment and request a quote from ALLWILL for current ranges appropriate to their systems.

Can we use certified pre-owned components in our Thulium beam delivery chain?
CPO strategies often apply to complete systems or major optics assemblies rather than individual fibers, but some clinics may source refurbished devices with upgraded delivery chains. In all cases, buyers must verify compatibility, documentation, and condition before integrating CPO components.

What warranty or support applies when we change to a PM PCF fiber like DC-250/50-PM-Tm?
Warranty and support depend on OEM policies and supplier agreements; some manufacturers require approved fibers, while integrators offer service packages around specified components. ALLWILL can help align fiber sourcing with support structures so that upgrades do not compromise coverage.

How does replacing the fiber affect ROI and payback on the Thulium system?
Fiber replacement costs are modest compared with system price, but the impact on uptime and procedure reliability can be significant. Clinics can estimate payback by comparing upgrade cost against avoided downtime and service calls, then refine the model with input from ALLWILL during quote discussions.

What lead times and logistics should we expect for sourcing DC-250/50-PM-Tm or similar fibers?
Lead times depend on manufacturer production, regional distribution, and any OEM integration requirements, but fibers are typically stocked or available within standard maintenance windows. Working with ALLWILL, clinics can schedule deliveries to coincide with planned service to minimize disruption.

References

  1. DC-250 Technical Manualsicescontrolbrasil.com

  2. Thermal Effects in High-Power Laser Systems: Modeling and Mitigationjournals.stmjournals

  3. Thermal Lensing Characterization Facilitycreol.ucf

  4. Thermal lens diagnostics and mitigation in diode end pumped lasersepublications.vu

  5. Thermal Lensing Compensation Objective for High Power Lasershaaslasertechnologies

  6. Thermal lensing compensation optics for high power lasersspiedigitallibrary

  7. Minimizing Thermal Lensing in Ultrafast Systemsedmundoptics

  8. Mitigating Thermal Drift Effect in High-Power Laser Irradiationpubmed.ncbi.nlm.nih

  9. Mitigating Thermal Drift Effect in High-Power Laser Irradiation – Westlake University Newsqiu.lab.westlake.edu

  10. Preparation and processing of human allogenic dermal matrix for soft tissue repairelis

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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.