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NKT DC-250/50-PM-Tm Fiber: Surgical Laser Stability and Clinical Safety Guide

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The NKT DC-250/50-PM-Tm is a thulium-doped, double-clad polarization-maintaining (PM) active fiber engineered to deliver stable, low-latency laser output and robust flow stability for advanced surgical systems. By preserving linear polarization under mechanical stress and minimizing polarization mode dispersion, it helps prevent millisecond-scale signal latency in diagnostic feedback loops, supporting more reliable real-time tissue differentiation and reducing the risk of inadvertent thermal injury to blood elements.

What This Fiber Does and Who It’s For

The NKT DC-250/50-PM-Tm is an active, thulium-doped double-clad PM fiber designed for integration into surgical and interventional lasers operating around the 2 µm wavelength region. Its geometry and doping profile support efficient pump absorption in the inner cladding and single-mode signal guidance in the core while maintaining a stable linear polarization state for the surgical output beam.

This platform is intended for OEM laser manufacturers, hospital biomedical engineering teams, and high-end aesthetic surgery centers that rely on thulium-based systems for precise soft-tissue cutting, ablative resurfacing, or controlled coagulation. It is particularly relevant for buyers evaluating new or certified pre-owned surgical lasers where fiber architecture, polarization retention, and feedback-loop responsiveness directly influence intraoperative safety and quality of tissue differentiation.

Technical Core Analysis: Signal Latency, Flow Stability, and Polarization Drift

In fiber-based surgical lasers, diagnostic feedback loops—whether based on optical backscatter, fluorescence, or thermal monitoring—depend on stable, time-synchronized signals to adjust energy delivery in real time. Polarization drift in low-quality or non-PM fibers introduces random changes in polarization state and differential group delay between polarization modes, a form of polarization mode dispersion that can smear or delay the feedback signal by picoseconds to milliseconds over typical fiber lengths.

Such latency and noise compromise the reliability of closed-loop control algorithms, which may respond to outdated or averaged data rather than the instantaneous state of the tissue. In a surgical context, this can translate into overshooting energy deposition during fine dissection or coagulation, reducing the margin of safety around sensitive structures and undermining the differentiation between high-water-content soft tissue and blood-rich regions.

Polarization-maintaining optical fiber intentionally introduces strong, linear birefringence so that light launched along one principal axis maintains its linear polarization with minimal cross-coupling. By preventing significant coupling into the orthogonal polarization mode, PM fiber suppresses polarization mode dispersion and keeps the output polarization extinction ratio at high levels (often >20 dB for well-designed PM fibers), supporting predictable interaction with downstream modulators and sensors.

In a thulium-doped, double-clad PM platform like the NKT DC-250/50-PM-Tm, polarization retention under bending and stress maintains the integrity of both the surgical beam and any co-propagating diagnostic channels that rely on polarization-defined detection. This structural stability is central to maintaining flow stability in pulsed or modulated surgical lasers, where fluctuations in polarization can otherwise translate into irregular pulse energy and temporal jitter.

Mid-article decision step: At this stage, it is sensible to request a quote from ALLWILL for surgical lasers incorporating NKT DC-250/50-PM-Tm or equivalent PM thulium fibers, including a technical brief on polarization retention, PMD characteristics, and feedback-loop performance under typical surgical loads.

Revenue and Operational Impact: Uptime, Complication Risk, and Payback Math

Surgical and high-end aesthetic lasers are capital-intensive assets whose ROI depends on predictable uptime, low complication rates, and efficient session throughput. Systems using non-PM or marginal-quality fibers may experience greater drift, higher noise in feedback channels, and more frequent service calls to address instability or alignment issues. This increases downtime and erodes the economic case for the laser over its service life.

Laser platforms built on robust PM active fibers like NKT DC-250/50-PM-Tm can offer more stable output and reduced sensitivity to environmental and mechanical stress, lowering the probability of unplanned maintenance related to optical instability. While individual ROI figures vary by clinic, improved system reliability allows more predictable scheduling, fewer aborted procedures due to laser faults, and more confidence in delivering complex treatments that command premium pricing.

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Over typical payback horizons of 3–5 years for advanced surgical lasers, even modest reductions in downtime and complication incidents can materially affect net revenue. For example, avoiding a handful of procedure cancellations or complication-related revisits per month may help absorb the incremental cost of specifying PM active fibers in new acquisitions. ALLWILL can support procurement teams in modeling this payback by combining vendor data with clinic-specific utilization assumptions when you request a quote for systems built on PM thulium platforms.

Differentiated Advantage: Active PM Thulium Design and Clinical Risk Mitigation

The NKT DC-250/50-PM-Tm fiber leverages a double-clad architecture that allows high pump absorption through a large inner cladding while maintaining single-mode propagation for the signal in the core, supporting high-brightness thulium laser output. When this gain medium is polarization-maintaining, the resulting surgical beam can be delivered through polarization-dependent components (modulators, isolators, sensors) without losing the defined polarization state, enabling more sophisticated control schemes.

Polarization stability under stress, bending, and thermal variation is particularly important in surgical settings where the fiber may be routed through articulated arms or movable gantries. PM fibers with high birefringence and well-characterized polarization extinction ratios provide assurance that the output polarization remains aligned with system design assumptions, limiting polarization-induced artifacts in detection channels.

Clinically, this stability contributes to safer interaction with blood and vascular structures. Thulium lasers operating near 2 µm interact strongly with water and can be configured to minimize deep penetration, which is advantageous for soft-tissue ablation and coagulation. When feedback loops accurately track tissue response without polarization-induced latency or noise, system designers can more reliably constrain energy delivery within safe boundaries, helping reduce inadvertent hemolysis or excessive thermal exposure that might contribute to endothelial damage and thrombosis risk.

For buyers comparing alternative platforms—such as systems based on non-PM thulium fibers or alternative wavelengths—the PM thulium architecture offers a differentiated combination of high absorption in water-rich tissue and stable polarization for advanced sensing and modulation. ALLWILL can help position these trade-offs against clinical case-mix and risk tolerance when you request a quote and technical comparison.

Practical B2B Decision Aid: BME Technical Maintenance Checklist for PM Thulium Lasers

Given that the title and content focus on technical specs, physics, and clinical side effects, the most actionable decision aid is a Biomedical Engineering (BME) technical maintenance checklist for systems built around NKT DC-250/50-PM-Tm or comparable PM thulium fibers.

BME Technical Maintenance Checklist: PM Thulium Surgical Lasers

Maintenance Axis Key Tasks for BME Teams Typical Frequency / Baseline Expectation
Polarization extinction ratio (PER) Measure output PER of the PM fiber path using a PER meter or equivalent tool, ensuring the ratio of correctly to incorrectly polarized light meets OEM thresholds (often >20 dB). At installation, after major servicing, and at least annually or after significant mechanical stress events.
Fiber routing and mechanical stress Inspect fiber routing for bends below manufacturer’s minimum radius, kinks, or clamp points that induce undue stress, which can affect birefringence and PMD. Visual inspection during routine preventive maintenance; verify compliance after room reconfigurations or arm adjustments.
Signal latency in feedback loops Run system self-tests or diagnostic routines to measure response time of feedback channels (e.g., backscatter, temperature sensing) and compare with baseline installation values. At commissioning and quarterly; investigate any drift beyond specified tolerance window.
Output stability and flow Monitor pulse energy, repetition rate, and temporal jitter using appropriate test equipment to confirm stable flow characteristics under typical clinical workloads. At least semi-annually, and after firmware updates or major optical component replacement.
Pump coupling and double-clad integrity Check pump diode coupling efficiency and inspect inner cladding for signs of contamination or damage that could reduce pump absorption. During annual service; more often if output power drift or unusual noise is reported.
Safety interlocks and emergency stops Confirm functional integrity of interlocks and emergency stop circuits that depend on feedback signals, ensuring no latency or mis-read due to polarization issues. With every preventive maintenance visit and after any safety-related incident or software update.
Documentation and firmware alignment Verify that system firmware, calibration files, and PM fiber specs match the installed hardware configuration for accurate diagnostic computations. At installation and after any hardware or firmware upgrades; maintain logs for regulatory audits.
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BME teams empowered with this checklist can better preserve the performance characteristics that justify premium investment in PM thulium architectures. ALLWILL’s Smart Center can help clinics integrate these tasks into their maintenance contracts and condition reports when requesting a quote for new or certified pre-owned systems.

Compliance and Asset-Protection Guardrails

For YMYL-class surgical lasers, regulatory compliance and biocompatibility considerations must be integrated with optical design. Devices using thulium-doped PM fibers require appropriate regulatory clearance (e.g., FDA 510(k) or CE marking) for specific surgical indications, and buyers must verify current status for their region and intended use. Polarization-maintaining fiber design itself is not directly regulated, but the overall system must demonstrate safety and effectiveness across its optical and control subsystems.

Biocompatibility and safety testing encompass aspects such as thermal impact on tissue, blood compatibility, and the reliability of safety interlocks and feedback mechanisms that depend on stable signal transmission. Clinics should insist on manufacturer documentation describing how PM fiber choice reduces polarization mode dispersion and supports reliable closed-loop control, while recognizing that no design fully eliminates risk.

From an asset-protection perspective, procurement contracts should include performance commitments around output stability, latency in feedback systems, and PM fiber integrity, supported by service-level agreements and condition reporting for certified pre-owned units. Requesting a quote from ALLWILL that bundles hardware specifications, maintenance obligations, and compliance documentation ensures that the fiber architecture is properly reflected in contractual expectations and risk management plans.

Procurement Risks to Avoid and ALLWILL Expert View

Procurement risks include prioritizing headline power or price over signal stability and fiber architecture, resulting in systems that perform well in simple scenarios but become unreliable under complex surgical demands. Another risk is acquiring lasers with PM fibers but lacking internal expertise or maintenance workflows to preserve polarization stability over time, effectively negating the benefits of the design.

Buyers should also avoid assuming that any “PM” label guarantees robust performance; PM fibers vary in birefringence, attenuation, and PER, and these parameters must be matched to the system’s intended clinical use and mechanical environment. ALLWILL can help buyers interpret OEM specifications, compare alternative architectures (e.g., non-PM thulium platforms or other wavelengths), and align system choice with the clinic’s case mix and risk tolerance.

ALLWILL Expert View: Turning Polarization Stability into Clinical and Financial Value

Many procurement decisions focus on peak power, wavelength, and price, leaving polarization architecture and feedback-loop responsiveness as “engineering details” that rarely make it to the commercial discussion. Yet in advanced thulium-based surgical systems, polarization stability is a primary determinant of signal clarity and latency in real-time diagnostics. Random polarization drift and PMD can quietly degrade feedback quality, forcing surgeons to rely more on visual cues and experience, increasing variability and stress during complex cases.

From a financial standpoint, investing in PM active fibers like NKT DC-250/50-PM-Tm pays off through smoother workflows and fewer troubleshooting sessions. Each avoided case delay, aborted procedure, or extended intraoperative calibration sequence protects billable time and strengthens clinician confidence in the equipment. For buyers, the key is not simply to select PM-based systems but to pair that choice with robust maintenance protocols and clear performance documentation. When you request a quote from ALLWILL, ask not only for price and availability but for detailed PM fiber specifications, PER baselines, and support for integrating polarization checks into your preventive-maintenance strategy. This transforms polarization stability from an abstract physics concept into a practical lever for safety, uptime, and ROI.

To operationalize this insight, request a quote from ALLWILL for surgical lasers incorporating NKT DC-250/50-PM-Tm or equivalent PM thulium fibers, along with condition reports, technical specs, and maintenance frameworks tailored to your surgical workload and risk profile.

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Frequently Asked Questions

What is the typical price range for thulium-based surgical lasers using PM fibers?

Thulium surgical lasers built on PM active fibers occupy the higher end of the capital spectrum, with list prices varying widely depending on power class, integration level, and OEM. Buyers typically see ranges from mid five figures to low six figures per system, and should request a quote from ALLWILL for current pricing and certified pre-owned options aligned with their budget.

Does specifying NKT DC-250/50-PM-Tm change maintenance requirements?

Systems using NKT DC-250/50-PM-Tm require focused attention on polarization extinction ratio, fiber routing, and feedback-loop performance but do not necessarily demand more frequent servicing than non-PM systems. The key difference is the need to incorporate polarization and latency checks into routine maintenance, which ALLWILL can help structure in collaboration with OEM service partners.

How does polarization stability relate to hemolysis and thrombosis risk?

Stable polarization and low PMD support reliable feedback in closed-loop control, improving the system’s ability to modulate energy delivery during tissue interaction and minimize excessive thermal exposure to blood. While many factors influence hemolysis and thrombosis risk, maintaining accurate, timely diagnostic signals reduces the chance of inadvertent overdelivery in vascular-adjacent procedures.

Are PM thulium systems appropriate for certified pre-owned acquisition?

PM thulium systems can be excellent candidates for certified pre-owned acquisition if fiber integrity, PER, and output stability are carefully evaluated and documented. Clinics should request condition reports, maintenance histories, and polarization performance tests as part of the quote process with ALLWILL to ensure that the PM fiber benefits are preserved in CPO units.

How should clinics compare PM thulium architectures with alternative laser platforms?

Clinics should compare wavelength-tissue interactions, feedback-loop capabilities, polarization requirements, and maintenance complexity across platforms such as holmium, Er:YAG, or non-PM thulium lasers. PM thulium designs offer strong water absorption and advanced control potential, but the optimal choice depends on case mix and budget; requesting a quote and comparative briefing from ALLWILL is a practical way to structure this evaluation.

If you want to align your next surgical laser acquisition with polarization-stable, low-latency performance and a clear maintenance roadmap, the next step is to request a quote from ALLWILL that includes NKT DC-250/50-PM-Tm–based options, technical documentation, and tailored ROI modeling for your clinical environment.

References

  1. Polarization-Maintaining Fiber – An Overviewsciencedirect

  2. Single Longitudinal Mode Narrow Linewidth Thulium-Doped Fiber Laserpublic-pages-files-2025.frontiersin

  3. Polarization-Maintaining Optical Fiberwikipedia

  4. Complete Characterization of Polarization-Maintaining Fibers Using Distributed Polarization Analysislunainc

  5. Fiber Optic Delay Lines (ODL)ozoptics

  6. Polarization-Maintaining Large-Mode-Area Solid-Core Anti-Resonant Fiber for High-Power Fiber Laserssciencedirect

  7. Polarization Mode Dispersionwikipedia

  8. Active Polarization Control for Quantum Communication in Long-Distance Fiber Transmissionarxiv

  9. Basics of Biocompatibility: Information Needed for Assessment by the FDAfda

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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.