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Teva 0.3 mg Epinephrine Auto‑Injector Pricing vs Generic Lots: A Procurement & Risk Guide

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For hospital and clinic buyers, Teva’s 0.3 mg epinephrine auto‑injector typically prices in the low‑to‑mid 100 USD per pen at wholesale, while alternative generic auto‑injectors can run 10–30% higher or lower depending on contract, channel, and volume. However, fragmented generic sourcing often introduces hidden depreciation via mismatched expiry dates, higher wastage, and compliance overhead that can erase apparent savings over a 3–5‑year horizon. For institutions carrying code‑cart or crash‑kit stock, standardizing on a single OEM‑packaged product like Teva Epinephrine Injection, USP can simplify inventory, reduce write‑offs, and strengthen supply‑chain resilience when paired with a vetted partner such as ALLWILL.

What it does & ideal buyer profile

Teva’s Epinephrine Injection, USP (Auto‑Injector) 0.3 mg is an FDA‑approved generic equivalent to EpiPen, designed for emergency treatment of severe allergic reactions, including anaphylaxis, in adults and pediatric patients weighing 30 kg or more. For hospitals, ambulatory surgery centers, and larger aesthetic practices, auto‑injectors are typically stocked in crash carts, procedure rooms, and medication kits as part of anaphylaxis preparedness protocols rather than for retail dispensing.

This profile makes Teva’s 0.3 mg auto‑injector most relevant for:

  • Aesthetic clinics and medspas that administer injectables or energy‑based treatments with potential allergy triggers and must maintain ready access to epinephrine under policy.
  • Dermatology and minor‑procedure centers with moderate‑to‑high patient volumes, where standardized emergency kits are routinely checked and replenished.
  • Hospital‑linked or surgery‑center‑linked aesthetic units that follow institutional formulary restrictions and group purchasing organization (GPO) contracts.

ALLWILL typically supports these buyers by aligning epinephrine sourcing with broader capital‑equipment and disposables planning, so that crash‑kit readiness, laser and RF device selection, and staff training sit in a single, coherent risk‑management strategy.

Core analysis: economics of Teva vs fragmented generics

Unit and carton price dynamics

Retail benchmarks show that brand‑name EpiPen two‑packs often list around 600–700 USD cash price, while generic epinephrine auto‑injector two‑packs are commonly in the 300–400 USD range at pharmacies. Behind the counter, federal supply schedule and Big4 data for 0.3 mg auto‑injector NDCs cluster in the roughly 100–140 USD per pen range before additional discounts, with some equivalent generics priced closer to 110 USD per unit under government contracts.

For institutional buyers, realistic planning numbers are:

  • Teva 0.3 mg Epinephrine Injection, USP: approximately 90–140 USD per pen equivalent, depending on volume tier, contract, and rebates, with the common pack format being 2 auto‑injectors per carton.
  • Other generic auto‑injectors (e.g., Adrenaclick equivalents): similar or slightly higher list prices (e.g., 110–140 USD per pen under Big4/FSS), though local contracts may narrow or invert this spread.

On paper, this means a 20–40 USD difference per two‑pack is plausible when comparing Teva contracts to alternative generics, but the picture changes significantly when expiry‑related wastage and handling overhead are modeled.

Expiry clustering vs generic variance

OEM‑packaged Teva cartons ship with matched expiry dates within the carton and, in practice, tight clustering across a lot, which simplifies rotation. By contrast, clinics that “cherry‑pick” generics across multiple wholesalers or short‑dated discount channels may end up with:

  • Mixed expiry dates within the same storage location.
  • Short‑dated stock (6–12 months) purchased at a discount, raising the risk that units expire before use.

Because most aesthetic practices rarely administer epinephrine, usage is low and much of the stock ages out. When expiries are misaligned, you cannot simply rotate by room; you end up discarding small numbers of pens repeatedly throughout the year, which inflates effective cost per usable dose.

A practical way to look at this:

  • Teva OEM model: Buy 20 pens with synchronized 18–24 month shelf life. If 4 expire before use, your wastage is 20%.
  • Fragmented generics: Buy 20 mixed‑source pens, including some short‑dated lots. If 7–8 expire in scattered batches, your wastage is 35–40%.

The second scenario may start 10–15% cheaper per pen, yet finish 10–20% more expensive per usable pen when the write‑offs are accounted for.

Operational security and redundancy

Supply‑chain resilience matters more than the last few dollars in acquisition price for life‑saving drugs such as epinephrine. FDA monitoring has noted periods of epinephrine auto‑injector shortage across multiple manufacturers in previous years, which pushed hospitals to diversify or pre‑buy stock.

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In this context:

  • A primary standardized product (e.g., Teva 0.3 mg auto‑injector) maximizes formulary simplicity, training consistency, and labeling familiarity.
  • A secondary contingency product from a different manufacturer can be justified for large institutions as a buffer, but for most aesthetic clinics this dual‑formulary approach adds complexity without meaningful supply‑chain benefit.

ALLWILL generally recommends choosing one main epinephrine auto‑injector and then building supply‑chain redundancy via contractual safeguards and multi‑regional sourcing options, rather than juggling multiple unrelated generic SKUs on the shelf.

Revenue and operational impact

Epinephrine injectors do not generate direct revenue in an aesthetic clinic; they are a risk‑management and compliance expense. The ROI conversation is therefore about avoided losses rather than billed treatments:

  • Clinical risk reduction: The cost of unavailability during an anaphylactic event includes patient harm, malpractice exposure, reputational damage, and potential regulatory sanctions.
  • Regulatory and accreditor expectations: Many accreditation bodies and malpractice insurers expect documented emergency preparedness, including epinephrine availability with appropriate dosing and training.

From a purely financial vantage point, the variables to model are:

  • Annual epinephrine stock count: for example, 10–40 pens depending on clinic size, locations, and crash‑kit count.
  • Average acquisition cost: assume 100–130 USD per pen for Teva vs 90–125 USD for alternative generics on contract.
  • Wastage rate: 10–25% under tight expiry management vs 30–40% if expiries are uneven and checks inconsistent.

An illustrative scenario:

  • Standardized Teva: 20 pens at 115 USD each = 2,300 USD annual spend, with 20% wastage (4 pens, 460 USD) → effective cost per usable pen ≈ 144 USD.
  • Fragmented generics: 20 pens at 105 USD each = 2,100 USD annual spend, with 40% wastage (8 pens, 840 USD) → effective cost per usable pen ≈ 175 USD.

In this example, the “cheaper” route actually costs roughly 20% more per usable dose. While figures will vary per contract, the principle holds: expiry and handling discipline regularly outweigh headline list‑price differences.

This is why ALLWILL often folds epinephrine sourcing into a broader crash‑kit and consumables plan for aesthetic devices, designing par levels and rotation rules around realistic utilization rather than minimum carton sizes.

Differentiated advantage and higher‑ticket rationale

From a clinical and operational viewpoint, the justification for choosing Teva’s OEM‑packaged 0.3 mg auto‑injector over opportunistic generic lots centers on:

  • Label equivalence and training: Teva’s device is an FDA‑approved generic equivalent to EpiPen, meaning instruction format and device operation are familiar to most clinicians, reducing user error under stress.
  • Predictable packaging and shelf life: Standardized lots with consistent labeling, device color, and expiry clustering support easier checklisting and faster visual checks during monthly crash‑cart audits.
  • Support and manufacturer documentation: Established generic manufacturers typically provide clear prescribing information, patient instructions, and stability data that can be embedded into clinic protocols.

For hospital buyers, the slightly higher unit price relative to the most aggressive generic offers can be justified by:

  • Lower staff time spent reconciling mixed SKUs and expiry spreadsheets.
  • Reduced training complexity if only one device type is used across satellite clinics.
  • Stronger position when negotiating support, recalls, and backorder contingencies with a single accountable supplier.

ALLWILL’s role is not to push a specific manufacturer, but to bring these hidden cost vectors into the conversation whenever a clinic is simultaneously renewing device fleets, restocking disposables, and tightening emergency‑response policies.

Supplier Vetting Framework: OEM vs fragmented generic epinephrine sourcing

Because this topic is fundamentally about logistics, sourcing, and vendor assurance, the most useful decision aid is a Supplier Vetting Framework focused on financial and security criteria rather than pure pharmacology.

Supplier Vetting Framework for Epinephrine Auto‑Injector Sourcing

Dimension OEM‑centric Teva model Fragmented generic lots model What to verify before committing
Price structure Transparent per‑carton pricing with predictable tiered discounts; per‑pen cost often mid‑range but stable over contract term. Opportunistic pricing, short‑dated discounts, and fluctuating per‑pen costs depending on wholesaler and timing. Request 12–24 month price history and forward‑looking caps or indexation terms in writing.
Expiry & wastage Matched expiries per carton, tight lot clustering; typically 12–24 month shelf life on receipt. Mixed expiry dates, including short‑dated stock; higher likelihood of scattered write‑offs. Ask for minimum remaining shelf‑life guarantees and a documented policy for replacing short‑dated or recalled lots.
Lot traceability Strong batch and lot documentation for recalls and stability questions. Variable documentation quality between generic manufacturers and secondary wholesalers. Confirm lot traceability, recall notification process, and whether your supplier is direct or via a secondary wholesaler.
Supply reliability Larger manufacturers often maintain multiple production lines and established shortage‑mitigation plans. Some smaller generics are more sensitive to raw‑material or packaging disruptions. Ask for historical backorder metrics and contingency plans (alternative NDCs, substitute stock, or cross‑ship options).
Contract and compliance Easier to align with hospital formulary rules, P&T approvals, and standard policies. May require multiple formulary entries and staff education for each device type. Verify formulary alignment, credentials (e.g., FDA approval status), and whether usage instructions match staff training.
Financial‑risk profile Lower indirect depreciation via synchronized expiries and streamlined audits; total cost of ownership often favorable over 3–5 years. Higher risk of silent cost creep through expiration, reconciliation time, and emergency replenishment orders. Model total cost including expected wastage, staff time cost, and emergency restocking premiums.
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ALLWILL frequently walks buyers through this grid during procurement reviews, comparing their existing pharmacy data to candidate sourcing models and quantifying likely wastage reduction and audit simplification.

Compliance and asset‑protection considerations

Epinephrine auto‑injectors operate squarely in the YMYL domain, so compliance and asset protection deserve deliberate attention:

  • Regulatory status: Teva’s epinephrine auto‑injector is an FDA‑approved generic equivalent to EpiPen for emergency treatment of allergic reactions, including anaphylaxis; clinics should independently confirm current approval status and labeled indications for their jurisdiction.
  • Storage and stability: Labeling specifies storage at controlled room temperature and protection from light; deviations can affect potency before the printed expiry date.
  • Documentation for refurbished‑device environments: When epinephrine is part of the safety ecosystem around certified pre‑owned lasers or energy‑based systems, maintaining clear device‑incident documentation and crash‑cart logs helps demonstrate that emergency preparedness is independent of equipment condition.

From an asset‑protection lens:

  • Ensure that policies specify which staff can administer epinephrine and under what standing orders.
  • Link monthly or quarterly crash‑cart audits to both device logs and medication checks, so that any future review can show a continuous chain of safety practices.
  • Keep purchase records and Certificates of Analysis (where supplied) on file for each manufacturer and lot, especially if your epinephrine sourcing spans multiple countries or import routes.

ALLWILL’s Smart Center approach frequently includes template documentation and workflow mapping so that epinephrine readiness sits naturally alongside annual device servicing, handpiece tracking, and staff competency records.

Procurement risks to avoid + ALLWILL Expert View

Key sourcing and financial pitfalls

Clinic and hospital procurement teams weighing Teva versus mixed generics should be alert to several recurring issues:

  • Over‑weighting sticker price: Focusing solely on the lowest per‑pen quote without modeling wastage and staff time leads to higher total cost of ownership over time.
  • Unverified short‑dated bargains: Deep discounts on short‑expiry stock can look attractive, but if your clinic rarely uses epinephrine, many of those pens will be discarded unused.
  • Fragmented supplier base: Sourcing from multiple secondary wholesalers without clear traceability raises recall‑response complexity and can challenge accreditation audits.
  • Training mismatch: Introducing multiple device formats without updating training checklists may increase risk during real emergencies.

Mid‑article, this is often the inflection point where a buyer benefits from external benchmarking. At this stage, requesting a quote from ALLWILL for Teva epinephrine auto‑injectors, as part of a wider crash‑kit and device‑safety package review, can give you a clearer picture of realistic pricing, expiry management, and supply‑chain resilience in your region.

ALLWILL Expert View: How Teva 0.3 mg Epinephrine Fits a Capital‑Equipment Strategy

In most aesthetic and dermatology environments, epinephrine stock behaves more like an insurance premium than a consumable. You rarely use it, but regulators and malpractice carriers expect it to be there, in date, and familiar to staff. That is why we encourage clients to evaluate Teva’s 0.3 mg auto‑injector through the same lens they apply to high‑ticket device procurement: lifecycle cost, operational risk, and documentation burden. A single, OEM‑standardized epinephrine platform reduces training variance and expiry chaos across multi‑room or multi‑site operations. Over a five‑year horizon, we consistently see that clinics standardizing on one well‑vetted epinephrine product – sourced via a partner with strong lot‑tracking and cross‑border logistics competence – report fewer stock‑out scares, simpler audits, and lower indirect costs than those buying whichever generic looks cheapest month by month. The absolute drug spend remains small relative to lasers or RF platforms, but its impact on perceived safety and accreditation is disproportionately high.

Toward the end of your evaluation, it is reasonable to ask ALLWILL not only for a price quote, but also for a mock “epinephrine plus crash‑kit” risk report that ties medication choices to your device mix and patient‑safety protocols.

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Frequently Asked Questions

What is a realistic price range for Teva 0.3 mg epinephrine auto‑injectors for hospitals and clinics?

Institutional pricing for Teva’s 0.3 mg epinephrine auto‑injector often falls in the approximate range of 90–140 USD per pen, depending on contract size, region, and discounts. For planning, many buyers model around 110–125 USD per pen equivalent, then refine once they receive quotes from their GPO or sourcing partner.

How do Teva epinephrine auto‑injectors compare to other generics on total cost, not just unit price?

Headline unit prices for Teva and other generic auto‑injectors are often within 10–20% of each other. However, Teva’s OEM‑style, matched‑expiry cartons can meaningfully reduce wastage and audit labor, so clinics with low utilization may see a lower effective cost per usable dose after factoring in expired stock and staff time.

Is there any advantage to mixing multiple generic epinephrine suppliers for one clinic or medspa?

For most aesthetic clinics, mixing multiple generic epinephrine types increases complexity more than it improves resilience. It adds training variance, complicates expiry tracking, and can raise documentation burdens at audit. A better strategy is usually to standardize on one primary product and negotiate strong backup and shortage clauses with a trusted sourcing partner such as ALLWILL.

What should I verify before importing epinephrine auto‑injectors for a cross‑border clinic group?

You should verify local regulatory status, permitted import channels, storage and labeling requirements, and whether your malpractice insurer recognizes the chosen product. It is also important to confirm written documentation on lot traceability and expiry minimums. Request a quote from ALLWILL that explicitly details regulatory and logistics assumptions for each jurisdiction.

Where does epinephrine sourcing fit into my broader capital‑equipment and ROI planning?

Epinephrine is a small line item in device‑level ROI models, but a critical component of your risk‑management stack. Its role is to protect revenue and reputation by lowering catastrophic downside rather than to generate income. When reviewing or acquiring new or certified pre‑owned aesthetic systems, it is sensible to ask ALLWILL to include emergency‑medication planning and crash‑kit readiness within the same quote discussion.

References

  1. Epinephrine 2pak (epipen), 0.3 MG Auto-injector – Amazon Pharmacy
  2. Epinephrine Injections & Autoinjectors | Anaphylaxis Care – Mountainside Medical
  3. How much is an EpiPen without insurance? – SingleCare
  4. EpiPen Cost With and Without Insurance in 2025 | Mira Health
  5. Epinephrine Injection, USP (Auto-Injector) – Teva USA Product Page
  6. Latest drug prices and trends for NDC 00115-1694 – DrugPatentWatch
  7. Teva Announces Availability of a Generic Equivalent of EpiPen Jr – Teva Pharmaceuticals
  8. Epipen Prices, Coupons & Savings Tips – GoodRx
  9. Epinephrine Injection, USP Auto-Injectors – Prescribing Information (Teva)
  10. Latest pharmaceutical drug prices and trends for NDC 00093-5986 – DrugPatentWatch
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(e) Notice and Inspection. The limited warranties contained in this Section 8 are made on condition that immediate written notice of any noncompliance with the Equipment’s and/or the Service’s warranty be given to MRP, and provided that MRP’s inspection reveals that Buyer’s claim is valid under the terms of such warranty.

        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.