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NKT DC-250/50-PM-Tm Thulium Fiber: Cost-Smart Surgical Uptime Upgrade

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Upgrading aging holmium and thulium medical lasers with premium NKT Photonics DC-250/50-PM-Tm photonic crystal fiber is a financially defensible move when you factor in OR downtime, cancelled cases, and asset life extension. Replacing degrading factory passive fiber with single‑mode, double‑clad, polarization‑maintaining thulium gain fiber reduces overheating risk and stabilizes output, lowering the probability of mid‑surgery system failure and downstream hemodynamic sensor errors.

What DC-250/50-PM-Tm Fiber Does & Who It’s For

DC-250/50-PM-Tm is a thulium‑doped, double‑clad photonic crystal fiber (PCF) designed as a single‑mode, polarization‑maintaining gain medium for fiber lasers around 1930–2000 nm. It features a large mode‑field diameter (about 38 µm at 1930 nm), a high‑NA pump cladding (≥ 0.5 at 800 nm), and a pump cladding diameter around 250 µm, enabling efficient multi‑mode pumping and robust power handling.

Key properties include:

  • Large mode area (>900 µm²) for high peak power and pulse energy.
  • High‑temperature acrylate coating and pure silica cladding for thermal robustness.
  • Polarization‑maintaining design (Δn ≥ 1×10⁻⁴ at 2 µm) for stable beam delivery.

This fiber is best suited for:

  • Hospital and institutional laser systems used in endourology, ENT, and soft‑tissue surgery where thulium or holmium output at ~2 µm is central to the procedure.
  • Clinical engineering teams running multi‑shift surgical schedules who have observed increasing fiber‑related faults, thermal alarms, or unstable beam profiles.
  • Procurement officers responsible for asset‑management strategies where a failed laser can cancel a full day of cases.

ALLWILL can coordinate NKT DC-250/50-PM-Tm sourcing, integration with CPO or existing lasers, and expert matching with repair partners, ensuring that the upgrade is engineered rather than improvised.

Core Analysis: Physics-Driven Uptime, Overheating Risk, and Sensor Stability

Because this title centers on “upgrading Holmium and Thulium medical lasers,” “photonic crystal fiber,” and “surgical uptime,” the routing rules dictate a hardware‑physics and uptime‑focused analysis, supported by a biomedical engineering maintenance decision aid rather than a simple price table.

How Premium PCF Mitigates Overheating and Beam Instability

Thulium fiber lasers operate around 1940–2013 nm and are increasingly favored in endourology because they offer smooth cutting and vaporization effects with lower retropulsion compared to holmium lasers. However, high‑power thulium architectures are constrained by nonlinear optical effects and heat buildup in the gain fiber and cladding, which can lead to beam distortion or catastrophic component failure.

DC-250/50-PM-Tm addresses these issues through:

  • Large mode area and single‑mode operation: By spreading optical power over a larger cross‑section while maintaining single‑mode output, the fiber reduces intensity‑driven nonlinearities and hot spots that can cause localized overheating.
  • High NA pump cladding and strong pump absorption: NA ≥ 0.5 and pump absorption around 1.35 dB/m at 1180 nm and ≈5.5 dB/m at 793 nm allow lower‑brightness diodes and efficient pump capture, reducing the need to overdrive pumps and decreasing thermal stress.
  • Coil Control and planar coiling: Manufacturer documentation emphasizes Coil Control for single‑plane coiling, improving mode stability and reducing coiling‑induced mode area compression that otherwise generates hotspots.

In contrast, older, factory‑installed passive delivery fibers may have smaller effective mode areas, lower pump NA, or non‑optimized cladding structures, making them more susceptible to thermal accumulation and microcracking after repeated sterilization and mechanical handling. Over time, this degradation manifests as:

  • Irregular beam profiles that challenge alignment with hemodynamic sensors or imaging systems.
  • Unpredictable coupling efficiencies, leading to fluctuating output power and unstable tissue interaction.
  • Increased likelihood of sudden failure during surgery, forcing case cancellation or emergency switching to backup devices.

Links to Hemodynamic Sensor Errors and Mechanical Overheating

Many modern ORs integrate lasers with imaging, navigation, or hemodynamic monitoring systems. When a laser’s fiber delivery path becomes unstable, several risk pathways open:

  • Sensor misinterpretation: Beam shape changes can alter reflected light profiles or energy deposition patterns, potentially affecting sensor algorithms that assume stable light delivery.
  • Mechanical overheating of distal fibers and connectors: Poor cladding design or degraded coatings can cause heat accumulation near connectors or handpieces, increasing risk of thermal alarms, damage to lenses, or discomfort for staff.
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Upgrading to a high‑NA, double‑clad PCF with proven high power handling allows clinical engineers to significantly reduce these risks, supporting more stable integration between laser output and monitoring systems.

Mid‑article CTA: If your laser logs show repeated over‑temperature alarms or output fluctuations, request a quote from ALLWILL for DC-250/50-PM-Tm fiber and integration support so you can address root‑cause physics rather than just swapping handpieces.

Revenue and Operational Impact: Payback Math for Fiber Upgrades

The economic logic of upgrading fiber rather than waiting for a full laser failure rests on avoided downtime, extended asset life, and lower emergency repairs.

Key Financial Drivers

Consider:

  • Cost of replacement photonic crystal fiber: Specialty thulium double‑clad PCF can fall in the mid‑ to high‑four‑figure range per 5‑meter prototype unit, depending on volume and contract.
  • Cost of full laser replacement or major repair: Surgical‑grade thulium fiber lasers typically cost in the tens to hundreds of thousands of USD, and unplanned major repairs can reach mid‑five figures.
  • Downtime cost per cancelled OR block: An OR block cancellation can represent tens of thousands of USD in lost revenue when factoring surgeon time, anesthesia, staff wages, and opportunity cost.
  • Risk‑weighted probability of failure: As fibers age, microscopic damage and connector wear increase the probability of failure events during high‑demand cases.

Illustrative Payback Scenario

Assume:

  • A hospital runs a thulium laser for urology with an average of two full surgical blocks per week.
  • Each block generates 15,000–30,000 USD in billable services and internal value.
  • A catastrophic fiber failure mid‑case forces shut‑down and cancels the day, costing roughly one block (15,000–30,000 USD) plus emergency repair and reputational damage.

If a comprehensive fiber upgrade program—DC-250/50-PM-Tm plus installation and testing—costs in the 5,000–10,000 USD range, preventing even a single catastrophic failure can pay for itself. Over a 3–5 year horizon, the ROI improves further as upgraded fibers reduce incremental service calls, extend laser usable life, and allow clinical engineers to confidently run higher utilization without fearing thermal limits.

For institutions, this is asset‑management logic: invest modestly in high‑grade fiber to avoid high‑impact downtime events and premature capital write‑offs.

Mid‑article CTA: Map your OR revenue per block and current laser failure incidents, then request a quote from ALLWILL for DC-250/50-PM-Tm fiber and any necessary retrofit kits so you can test the ROI assumptions with real numbers.

Differentiated Advantage: Why DC-250/50-PM-Tm Commands a Premium

DC-250/50-PM-Tm sits at a higher unit price than generic fiber because it combines several advanced features:

  • Air‑clad photonic crystal design: PCF construction enables extremely high pump NA (≥0.5) and efficient multi‑mode pumping, allowing high power operation with less stringent pump optics.
  • Single‑mode, polarization‑maintaining core: This improves beam quality, output stability, and polarization control, which can be critical in some surgical techniques and high‑precision applications.
  • Large mode area and optimized coiling behavior: High mode area supports high peak power while maintaining single‑mode operation, and Coil Control ensures coiling in a single plane, preventing coiling‑induced instabilities.

Alternative fibers include generic double‑clad thulium fibers from other vendors and non‑PCF designs with lower NA and smaller mode areas. They may be cheaper per meter but often lack the combination of air‑clad pump design, polarization control, and high‑temperature coatings, increasing the risk of thermal limitations or mode instability at higher power.

In practice, clinical engineering teams must weigh:

  • Lower upfront cost of standard fibers against higher risk of performance limits and earlier failure.
  • Higher upfront cost of DC-250/50-PM-Tm against lower risk of poor beam quality, overheating, and downtime.
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ALLWILL’s value lies in connecting institutions with NKT’s specialty fibers and helping coordinate testing and retrofit so that the premium is justified by measurable uptime and performance gains.

Practical B2B Decision Aid: Sourcing Decision Matrix (Landed Cost vs Downtime Cost)

Because the working title emphasizes “sourcing photonic crystal fiber” and “surgical uptime,” the mandated decision aid is a sourcing matrix that compares landed cost against downtime cost and operational risk. Figures below are illustrative ranges and estimates designed for institutional planning.

Photonic Crystal Fiber Sourcing Decision Matrix

Dimension Option 1: Premium DC-250/50-PM-Tm PCF Option 2: Standard Double-Clad Thulium Fiber
Landed fiber cost per 5 m unit (USD) 5,000–10,000 (estimate) 2,000–5,000 (estimate)
Pump cladding NA ≥0.5 air‑clad high NA ~0.3–0.5 typical NA
Mode-field diameter at 1930 nm ~38 µm (large mode area) ~20–30 µm (smaller mode area)
Beam quality & polarization Single‑mode, PM; high stability Single‑mode or multi‑mode; limited PM options
Thermal robustness Pure silica cladding, high‑temp acrylate coating; optimized coiling Mixed designs; may have lower thermal margins
Expected laser downtime risk (5 yrs) Low to moderate; upgrade mitigates overheating and instability Moderate to high; higher chance of cladding failures or mode issues
OR block downtime cost per failure (USD) 15,000–30,000 per cancelled block Same 15,000–30,000 per cancelled block
Probability of catastrophic fiber failure Lower with premium PCF and proactive maintenance Higher as fiber ages, especially at high power
Five-year expected total cost (fiber + downtime) 20,000–40,000 including one planned upgrade and low downtime risk 30,000–60,000 including lower fiber cost but higher expected downtime

The matrix highlights that while Option 2 offers lower landed cost, even one or two significant downtime events over five years can erase the savings. Option 1’s higher upfront cost is often justified by reduced risk and improved predictability, especially in high‑utilization ORs.

Mid‑article CTA: Use this matrix as a template with your own OR revenue and service incident data, then request a quote from ALLWILL for DC-250/50-PM-Tm and any alternative fibers you’d like to model so you can finalize your sourcing plan based on real landed costs.

Compliance and Asset Protection

Laser systems are subject to stringent regulatory and safety frameworks. Fiber upgrades must preserve or improve compliance rather than compromise it.

Institutional buyers should verify:

  • Regulatory and OEM alignment: Confirm that fiber specifications match or exceed original design parameters and that the upgrade is carried out in a way that maintains device certifications or clearances for intended indications (e.g., urology, ENT surgery).
  • Electrical and thermal safety: Ensure that power handling, connector interfaces, and coiling practices comply with manufacturer recommendations and standards such as IEC laser safety guidance.
  • Documentation: Maintain detailed records of fiber type, length (e.g., 5‑meter units), coiling diameter, integration tests, and any OEM approvals or engineering reports.
  • Service and warranty implications: Clarify whether upgrading fiber with a third‑party vendor affects OEM warranties and negotiate coverage with service providers where necessary.

For CPO lasers, asset protection includes verifying refurbishment quality, calibration after fiber replacement, and any modifications carried out before acquisition. ALLWILL can help institutions source CPO lasers that either already use premium fibers or are suitable candidates for a fiber upgrade, with documentation ready for audits.

Procurement Risks to Avoid + ALLWILL Expert View

Common mistakes when sourcing fibers for medical lasers include:

  • Selecting fibers based solely on per‑meter price without modeling downtime risk.
  • Upgrading only distal delivery fibers while leaving degraded internal gain fibers untouched.
  • Ignoring coiling guidelines and pump NA requirements, leading to poor coupling and thermal hotspots.
  • Failing to document upgrade pathways, which can complicate future compliance reviews and resale.

ALLWILL Expert View: Building a Laser Fiber Strategy Around Uptime, Not Just Cost

Engineering teams often treat laser fibers as consumables: they replace them when something breaks and try to minimize the line item cost. That approach ignores the true economic driver—surgical uptime. A more strategic model treats DC-250/50-PM-Tm and similar fibers as high‑value components within the laser’s asset lifecycle. Start by mapping your current thulium and holmium systems, their age, recent thermal alarms, and any cancelled cases linked to laser issues. Then estimate the revenue per OR block and the probability of at least one serious fiber‑related failure over the next three to five years. When you plug in realistic numbers, the ROI of a proactive upgrade to premium PCF often becomes obvious: a single avoided cancellation can pay for a fiber retrofit. Working with ALLWILL, institutions can pair these calculations with vetted sourcing, CPO options, and expert installation support so the upgrade improves both physics and documentation, making lasers more reliable assets in high‑stake surgical environments.

Closing CTA: Once you’ve mapped your laser fleet and OR economics, request a quote from ALLWILL for DC-250/50-PM-Tm and compatible integration services so you can convert uptime risk into a structured, documented fiber upgrade program.

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Frequently Asked Questions

What is the typical price range for NKT DC-250/50-PM-Tm fiber?

Specialty thulium double‑clad PCF such as DC-250/50-PM-Tm generally falls in the mid‑ to high‑four‑figure USD range per 5‑meter unit, depending on order volume, region, and integration services. Procurement teams should request a quote from ALLWILL to obtain current landed cost estimates.

Can certified pre-owned lasers benefit from DC-250/50-PM-Tm upgrades?

Yes. CPO thulium or holmium lasers can often be retrofitted with premium fibers, extending usable life and reducing downtime risk. Buyers must verify refurbishment quality, OEM compatibility, and post‑upgrade calibration, ideally through a sourcing partner such as ALLWILL.

How does upgraded fiber affect regulatory compliance?

Fiber upgrades must maintain or enhance device performance within the original regulatory framework. Institutions should document specifications, integration methods, and test results, and confirm with OEMs or notified bodies as needed to ensure their lasers remain cleared or certified for intended indications.

What lead times apply when sourcing premium PCF fibers?

Lead times for specialty fibers vary from several weeks to a few months depending on production schedules and logistics. Planning upgrades in advance—rather than waiting for failures—allows institutions to align delivery with scheduled maintenance windows.

How can we quantify downtime cost to justify the upgrade?

Estimate average revenue per OR block and count the number of blocks at risk if a laser fails, then multiply by a conservative number of potential failures over the fiber’s life. Comparing that total to the upgrade cost reveals whether DC-250/50-PM-Tm is financially justified; requesting a quote from ALLWILL helps refine those calculations with accurate pricing.

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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.