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Refurbished Ultherapy & HIFU ROI: Restoring Performance With New Transducers

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Well‑refurbished Ultherapy and HIFU systems can deliver near‑original performance when paired with fresh, factory‑spec transducers and tips, provided the base hardware, software, and calibration meet manufacturer benchmarks. For clinics, this combination often unlocks 25–40% savings versus new capital purchases while preserving clinical reliability—if you buy from vetted suppliers, document refurbishment scope, and replace key consumables at the right intervals. The decision is less “new vs used” and more “tested, upgraded system plus fresh transducers” versus unverified equipment.

What it does & ideal clinic profile

Ultherapy uses microfocused ultrasound with visualization (MFU‑V) to deliver precisely targeted thermal coagulation points at defined depths, stimulating collagen and producing lifting and tightening of approved regions such as brow, submental area, neck, and décolletage. HIFU face and body platforms use high‑intensity focused ultrasound to induce noninvasive skin tightening and body contouring, with energy delivered through transducers or tips specified by frequency, focal depth, and line or shot capacity.

Refurbished devices are typically prior‑generation or lightly used systems that have undergone inspection, component replacement, software updates, and calibration to meet defined performance standards, often backed by warranties. Clinics that stand to gain most from refurbished Ultherapy or HIFU units are:

– Established medspas and dermatology practices with steady demand but limited appetite for full‑price new hardware.
– Multi‑site groups needing additional rooms or backup systems.
– Owners who prefer to allocate budget toward fresh transducers, staff training, and marketing rather than only top‑tier hardware branding.

Topic-specific core analysis: hardware physics, uptime, and transducer impact

Because the title and prompt focus on “refurbished device efficacy” and “restoring original benchmarks via fresh transducers,” this analysis emphasises hardware physics, transducer acoustics, and uptime rather than cost tables. The core principle is that image quality, energy delivery accuracy, and safety are determined by both the console and the transducer; refurbishing only one while neglecting the other compromises performance.

Ultherapy MFU‑V systems rely on transducers that both image and treat tissue, with line‑limited cartridges that must maintain uniform thermal coagulation point size, precise focal depth, and stable energy output. Independent evaluations of MFU‑V and other ultrasound devices have shown that visualization capability, consistent TCP size, focal gain, and thermal regulation are key differentiators in safety and effectiveness. HIFU transducer bundles such as HIFUPlex illustrate how therapy and imaging transducers can be integrated for 3D focusing, with specified transmit efficiencies and bandwidths.

In practice, refurbished consoles that pass bench tests on power delivery, imaging, and software integrity can perform very close to new, but only if paired with:

– Fresh or verified transducers/tips with documented remaining lines or shots.
– Accurate coupling and calibration checks.
– Clinically appropriate protocols and operator skill.

Component wear in ageing transducers (e.g., piezoelectric element fatigue, membrane damage, coupling issues) can degrade beam focus and energy uniformity, letting performance drift away from manufacturer benchmarks even if the base console is sound. That is why replacing transducers or tips and verifying line counts is central to restoring “near‑original” efficacy in used Ultherapy and HIFU machines.

For buyers of pre‑owned hardware, ALLWILL’s Smart Center and vetting processes can help ensure that refurbished consoles are matched with fresh transducers, documented test results, and realistic expectations on uptime.

Revenue/operational impact & payback math

Economically, refurbished Ultherapy and HIFU units typically offer 30–50% discounts compared with new hardware, according to used‑device market data. When paired with appropriately priced treatments and new consumables, this can shorten payback timelines while preserving patient experience—assuming utilisation and retention are strong.

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Refurbished systems with fresh transducers can:

– Lower capital expenditure, enabling more rooms or additional platforms within the same budget.
– Maintain treatment fees at near‑premium levels where brand recognition (Ultherapy, leading HIFU brands) supports pricing.
– Free up cash for consumables, staff training, and marketing campaigns that improve utilisation and patient retention, which drive ROI more than hardware age alone.

Conversely, clinics that cut corners on transducer replacement—using unspecified, near‑expiry, or heavily used cartridges—risk uneven results, increased retreatment burden, and reputational damage, all of which erode payback benefits even if the console was inexpensive.

For many owners, the best ROI scenario is a refurbished console from a vetted supplier, fresh OEM or properly specified transducers, and a clear utilisation plan over 18–36 months. ALLWILL can support this modelling by combining verified device condition reports with realistic consumable costs and your local pricing structure.

Mid‑article is an ideal point to align your refurbishment and upgrade plan. Request a quote from ALLWILL for refurbished Ultherapy or HIFU systems plus fresh transducers or tips, including condition grading, bench test summaries, and projected payback under your current treatment fees.

Differentiated advantage / higher-ticket rationale

Clinically and operationally, the advantage of combining refurbished consoles with fresh transducers is that you retain much of the precision and safety profile of modern MFU‑V or HIFU platforms while reducing upfront cost. For Ultherapy, MFU‑V’s real‑time visualization, TCP consistency, and depth control are key benefits; if the console is updated and calibrated, new transducers allow you to deliver energy in line with manufacturer guidance and consensus safety recommendations.

In addition, newer iterations such as Ultherapy PRIME emphasise improved imaging resolution and faster delivery rather than fundamentally different energy physics, which means performance upgrades often focus on workflow and visualization rather than raw lifting power. A properly functioning prior‑generation system can still deliver clinically meaningful results when paired with fresh transducers and solid technique, making refurbished hardware a rational choice for many clinics.

For HIFU lasers and combined ultrasound platforms, refurbishment typically includes:

– Replacing wear‑prone components (power supplies, cooling systems, key boards).
– Updating firmware and safety interlocks.
– Re‑testing output parameters against factory specs.

Adding new tips or transducers with defined frequency, focal length, and energy profiles helps restore treatment consistency and reduces variance between sessions. This supports high‑ticket rationale: patients are paying for expertise, safety, and structured outcomes—not for owning the latest serial number—and refurbished hardware with fresh consumables can deliver that when sourced and maintained correctly.

Practical BME technical maintenance checklist (refurbished HIFU/Ultherapy)

Given the technical nature of performance restoration, the most useful decision aid here is a concise Biomedical Engineering (BME) maintenance and verification checklist clinics can apply to refurbished Ultherapy and HIFU units. The items below use realistic, evidence‑informed parameters and should be adapted to each manufacturer’s documentation.

Refurbished Ultherapy/HIFU BME Maintenance & Verification Checklist

1. Console hardware integrity
– Verify chassis, connectors, and internal boards show no corrosion, burnt components, or loose wiring.
– Confirm power supply voltages and cooling systems meet manufacturer tolerances under load.

2. Software and firmware
– Check software/firmware versions against manufacturer recommendations and install latest approved updates for your model.
– Confirm error logs are clear after refurbishment and that device self‑tests pass repeatedly.

3. Output calibration and safety interlocks
– Use manufacturer or third‑party testing tools to confirm ultrasound energy output (frequency, intensity, focal depth) matches spec within allowed margins.
– Verify safety interlocks (coupling detection, over‑temperature protection, emergency stops) function reliably.

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4. Transducer/tip condition and line/shot counts
– Inspect each transducer/tip for membrane integrity, physical damage, and cleanliness; replace any with visible wear.
– Document remaining lines or shots per cartridge based on device logs and labels; set replacement thresholds in line with manufacturer guidance.

5. Imaging and visualization quality (MFU-V / Ultherapy)
– Review imaging quality on multiple test phantoms or sample patients to ensure layer differentiation and depth visualization are clear.
– Confirm that TCP placement appears consistent across passes and depths, without unexpected artefacts.

6. Coupling and contact verification
– Test coupling gel and applicator performance; ensure device detects poor coupling and prompts correction.
– Train staff on proper handpiece pressure and angle to avoid energy misplacement even with good hardware.

7. Maintenance logs and intervals
– Establish written maintenance intervals (daily, monthly, annual) for cleaning, calibration checks, and transducer inspections.
– Store all maintenance records, bench test results, and repair documents centrally to support warranty claims and audits.

8. Warranty and service arrangements
– Confirm warranty coverage length and scope with the refurbishment vendor; ensure it includes parts and labour for key components.
– Define response times, loaner equipment options, and escalation paths in writing before device deployment.

Using this checklist pre‑purchase and periodically in operation helps clinics keep refurbished systems close to factory performance and validates that new transducers are delivering energy as intended.

Compliance & asset-protection

Regulatory compliance remains non‑negotiable for refurbished devices. Ultherapy MFU‑V is FDA‑cleared for specific indications, and any system—new or used—must be traceable back to approved hardware and transducer configurations. HIFU platforms have varying regulatory statuses (FDA, CE, national approvals), and some devices marketed abroad may not be cleared in all jurisdictions.

Clinics must:

– Verify that refurbished systems and transducers originate from authentic devices with intact serial number chains and documentation.
– Confirm that refurbishment did not alter fundamental safety features, and that upgrades are compatible with regulatory approvals.
– Maintain asset registers including purchase contracts, service records, and calibration reports to support inspections and liability management.

For asset protection, proper insurance, service contracts, and training are essential. Refurbished equipment can perform exceptionally well when tested and supported appropriately, but new devices can also fail; reliability is primarily a function of testing, support, and vendor competence. ALLWILL’s role is to facilitate compliant sourcing, documentation, and expert matching, not to replace regulators or insurers.

Procurement risks to avoid + ALLWILL Expert View

The main procurement risks around refurbished Ultherapy and HIFU devices include:

– Buying from non‑vetted sources without clear refurbishment scope, test results, or warranty.
– Accepting used transducers with unknown remaining lines or shots, damaged membranes, or incompatible specifications.
– Assuming “refurbished” always means “restored to factory spec,” rather than verifying performance via bench tests and documentation.
– Failing to budget for regular transducer replacement and maintenance, which can lead to gradual performance degradation.

Introducing new tips or transducers on a poorly refurbished console does not automatically restore benchmarks; both parts of the system must meet spec. Working with ALLWILL helps reduce these risks by combining hardware inspection summaries, transducer verification, and Smart Center guidance, but clinics should still perform independent clinical and financial due diligence.

ALLWILL Expert View

Many clinics come to the refurbished market hoping to “get a bargain,” but the ones that succeed are those that treat used devices as engineering projects, not just price points. In practice, a pre‑owned Ultherapy or HIFU system is only as good as its refurbishment process and transducer strategy: consoles need documented testing and software updates, while transducers must be either new or verified for line/shot counts and beam integrity. Where we see the best results, clinics think in layers: first, they ensure the base hardware and imaging meet manufacturer benchmarks; second, they invest in fresh consumables with clear replacement plans; third, they build staff protocols around coupling, mapping, and depth control so the technology is used as intended. Rather than chasing the lowest sticker price, it is wiser to request detailed condition reports, calibration data, and warranty terms—then use partners like ALLWILL to match refurbished systems and transducers to your actual patient volume and payback targets.

As you evaluate options, request a quote from ALLWILL for refurbished Ultherapy or HIFU platforms bundled with fresh transducers or tips, including bench test documentation, warranty coverage, and a tailored utilisation/payback assessment for your clinics.

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Frequently Asked Questions

Can refurbished Ultherapy or HIFU systems match new performance?

When refurbishment includes thorough testing, component replacement, software updates, and calibration, and systems are paired with fresh, factory‑spec transducers, performance can be close to new for many clinical applications. Actual outcomes still depend heavily on protocol design and operator skill, so clinics must combine technical verification with training.

How much can I save by choosing refurbished hardware with new transducers?

Used‑device market data suggest refurbished Ultherapy and HIFU systems can be priced roughly 30–50% below new hardware, depending on age, configuration, and vendor. Investing in new or properly specified transducers adds cost but helps protect efficacy and safety; requesting a quote from ALLWILL can clarify net savings and payback timelines.

What should I verify about transducers on a used machine?

You should confirm transducer authenticity, remaining line or shot counts, expiry date, physical condition, and compatibility with your console and approved indications. It is prudent to obtain written documentation and, where possible, bench test reports showing energy output and focal accuracy before treating patients.

Are refurbished devices compliant with FDA or CE approvals?

Regulatory approvals apply to device models and configurations, not to their ownership status, but refurbishment must preserve core safety features and specifications. Clinics should verify that any refurbished system and its transducers correspond to cleared or approved models and indications in their region, and consult local regulators or legal counsel where needed.

What warranty and service terms are realistic for refurbished systems?

Refurbished ultrasound and aesthetic systems commonly come with warranties ranging from roughly 1–5 years, depending on vendor, device age, and coverage scope. Clinics should seek clarity on parts, labour, response times, and any loaner or service contract options in writing, and may wish to request a quote and warranty summary from ALLWILL for specific units.

References

  1. Instructions for Use – Ultherapy MFU-V System and Transducersultherapy

  2. Microfocused ultrasound with visualization: Consensus on safety and review of energy-based devicesonlinelibrary.wiley

  3. Microfocused Ultrasound With Visualization for Body Indicationspmc.ncbi.nlm.nih

  4. Noninvasive Skin Tightening: Focus on New Ultrasound Technologiespdfs.semanticscholar

  5. HIFUPlex Transducer Bundles – Verasonicsverasonics

  6. From “Old” to “Gold”: Cosmetic Laser Aesthetic Refurbishment for Your Treatment Roomthelaseragent

  7. The Truth About Refurbished Ultrasound Systemsyoutube

  8. Used Ultherapy for Sale (2026) – Pricing and Verification Checklistthedevicepulse

  9. How Much Does an Ultherapy Machine Cost?konmison

  10. Ulthera Device Begins to Make Waves for Facial Rejuvenationdermatologytimes

  11. Ultherapy Prime vs Original Ultherapy – Performance Discussionyoutube

  12. Ultrasound Therapy (Ultherapy) for Skin Health and Rejuvenationrapamycin

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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.