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Ulthera DS 7–3.0 & DS 7–4.5 Holiday Season Planning: Stocking Core Tips for Peak Demand

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For clinics relying on Ulthera microfocused ultrasound, the DS 7–3.0 (3.0 mm) and DS 7–4.5 (4.5 mm) DeepSEE transducers are the backbone of most lifting protocols—and they are the components most likely to bottleneck winter and pre‑holiday revenue if stock runs short. Aesthetic clinics and luxury medspas that forecast treatment volume, line consumption, and delivery lead times now can secure enough 3.0 mm and 4.5 mm tips to run full‑face and SMAS‑layer protocols throughout the holiday season without cancelling high‑value bookings or compressing package menus.

What These Transducers Do & Which Clinics Need Pre-Holiday Stock

Ulthera DeepSEE transducers DS 7–3.0 and DS 7–4.5 are microfocused ultrasound cartridges operating at 7 MHz, each engineered to deliver energy at fixed focal depths of approximately 3.0 mm and 4.5 mm respectively. DS 7–3.0 typically targets the deep dermis and subdermal tissue, while DS 7–4.5 is used to reach the superficial musculoaponeurotic system (SMAS) and deeper fascial structures, both supported by DeepSEE visualization up to about 8 mm.

Clinics most exposed to tip shortages are:

  • Premium face‑lift and contouring practices whose flagship protocols rely on full‑face and face‑neck multi‑depth Ultherapy programs.
  • Luxury medspas that build high‑ticket holiday menus around jawline sculpting, neck definition, and brow lifting using both 3.0 mm and 4.5 mm tips.
  • Multi‑location groups offering standardized Ultherapy SPT (See‑Plan‑Treat) protocols, with pre‑scheduled winter demand spikes for weddings, year‑end events, and Lunar New Year.

For these buyers, the DS 7–3.0 and DS 7–4.5 transducers are not generic consumables; they are revenue‑critical assets whose availability determines whether the clinic can deliver promised holiday packages at scale.

Peak Season Dynamics: Why 3.0 mm and 4.5 mm Tips Drive Winter Revenue

Because this working title speaks to seasonal preparation and stocking, the topic‑specific core analysis focuses on demand planning, line budgeting, and supply‑chain timing around these tips.

Seasonal Demand Patterns in Aesthetic Clinics

Industry guidance and medspa case studies consistently show that demand for lifting and contouring treatments—especially non‑invasive Ultherapy—rises ahead of key social and holiday periods. Common seasonal peaks include:

  • Late autumn and pre‑winter holiday windows, when patients seek visible yet non‑surgical rejuvenation before events.
  • Early Lunar New Year and major wedding seasons in Asia, where Ultherapy is marketed as part of “pre‑event” or “pre‑photo” plans.
  • Year‑end corporate and VIP campaigns in luxury medspas, often featuring bundled full‑face and face‑neck lifts.

These peaks translate directly into increased demand for DS 7–3.0 and DS 7–4.5 transducers, because full‑face and SMAS‑layer protocols depend on both depths for mapped, multi‑vector treatments.

Why 3.0 mm and 4.5 mm Are “Core Depths”

According to Ulthera technical documentation and training materials, the DS 7–3.0 and DS 7–4.5 DeepSEE transducers are among the primary cartridges used on the Ulthera system for lifting indications. They create discrete thermal coagulation points along 25 mm lines—typically 17 TCPs per line—placed at fixed depths based on tissue thickness and anatomical mapping.

In practical terms:

  • DS 7–3.0 supports contouring and tightening of the deep dermis/subdermis, often used across cheeks, jawline, and lower face.
  • DS 7–4.5 is responsible for deeper structural support by engaging the SMAS‑level tissues targeted in surgical facelifts, but through a non‑invasive approach.

Holiday menu items that promise jawline definition, under‑chin refinement, or “lifted” lower face typically rely heavily on these two depths—even though marketing should avoid guaranteeing specific outcomes.

ALLWILL’s perspective is that clinics should treat DS 7–3.0 and DS 7–4.5 as “tier‑one consumables” when planning peak season inventory, not as generic reorder items.

Revenue and Operational Impact of Tip Stocking: Line Counts, Utilization, and Payback

Line Capacity and Per-Tip Economics

Ulthera DeepSEE DS 7–3.0 and DS 7–4.5 cartridges are sold with specified line capacities (for example, 2,400 lines for many new units), and each transducer is designed for multi‑patient use within that limit. Pre‑owned tips may have fewer remaining lines, meaning clinics must track remaining capacity accurately to avoid unexpected service interruptions.

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Market data and distributor listings suggest:

  • New DS 7–3.0 DeepSEE transducers often retail in the corridor of approximately $1,700–$3,000 per unit, depending on region and line count.
  • New DS 7–4.5 DeepSEE transducers are frequently priced similarly, with some dealers listing around $2,300–$3,000 per cartridge.
  • Pre‑owned or partially used tips can be discounted significantly but require careful verification of remaining lines and expiration dates.

One distributor example indicates that a transducer priced around $2,300 may support approximately three to four treatments if used in high‑line full‑face protocols, though actual treatment count varies by mapping and line budgeting.

Illustrative Revenue Planning for Winter Peaks

Consider a luxury medspa planning a winter season Ultherapy campaign:

  • Expected full‑face + neck tri‑depth packages per peak month: 12–20 cases.
  • Average line consumption per case at 3.0 mm and 4.5 mm combined: 500–800 lines, depending on mapping (illustrative range based on TCP line parameters).
  • Patient price per comprehensive package: $3,000–$4,500, aligned with typical Ultherapy corridors for full‑face + neck programs.

At mid‑range assumptions (16 packages, 650 lines per package across 3.0 mm and 4.5 mm transducers), total 3.0/4.5 line consumption for the month could be around 10,400 lines. With 2,400‑line new cartridges, clinics might need at least 5 transducers across these core depths to absorb peak volume, leaving a safety margin for unplanned bookings.

Revenue potential from those 16 packages at, say, $3,800 average price could be about $60,800 before costs. While consumable economics and staff costs must be modeled conservatively, the core insight is that under‑stocking DS 7–3.0 and DS 7–4.5 tips can cap seasonal revenue regardless of demand or marketing success.

Mid‑article is the right time to connect planning with sourcing. Request a quote from ALLWILL for DS 7–3.0 and DS 7–4.5 transducer bundles aligned to your winter forecast, including options for new versus certified pre‑owned tips and remaining line documentation.

Differentiated Advantage: Using Core Depth Tips to Build High-Ticket Holiday Menus

Clinics can leverage DS 7–3.0 and DS 7–4.5 transducers to structure differentiated, high‑ticket holiday offerings that rely on protocol design rather than discounting.

  1. Multi-Depth Holiday Lift Programs
    Full‑face and face‑neck programs combining 1.5 mm, 3.0 mm, and 4.5 mm can be structured as staged projects—assessment, mapped treatment, and follow‑up—rather than single sessions. DS 7–3.0 and DS 7–4.5 carry much of the depth work, making their availability central to these packages.
  2. Jawline and Under-Chin Focus Menus
    Winter campaigns often feature lower‑face and under‑chin refinement, where DS 7–4.5 provides foundational SMAS‑level support and DS 7–3.0 refines overlying tissue. These programs can sit in the “luxury” tier without promising specific outcomes, appealing to clients who want more structured, physician‑supervised care.
  3. Tiered Holiday Pricing Without Clinical Overpromising
    Clinics can design three tiers—targeted lower‑face lift, full‑face lift, and full‑face + neck packages—anchored in line budgets at 3.0 mm and 4.5 mm, while communicating time, oversight, and mapping complexity rather than guaranteed results. DS 7–3.0 and DS 7–4.5 line planning allows clinics to keep margins predictable as demand surges.

ALLWILL’s Smart Center and knowledge resources around DS 7–3.0 and DS 7–4.5 help buyers convert technical depth capabilities into robust, revenue‑aligned holiday menus.

Practical Holiday Stocking Framework for Ulthera DS 7–3.0 / DS 7–4.5 Tips

Because this topic is seasonal planning and stocking, the practical decision aid is a Pre-Holiday Tip Stocking Framework that clinics can plug into their own forecasts. Values are ranges/estimates drawn from available line and price corridors.

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Forecast Tier Planned Monthly Ultherapy Packages (Full-Face / Face+Neck) Estimated Lines per Package (3.0 + 4.5 mm) Total Lines Needed (Month) Recommended DS 7–3.0 / DS 7–4.5 Transducers (2,400 lines each)
Conservative 6–10 packages 400–600 lines ~2,400–6,000 lines 2–3 tips across 3.0 mm and 4.5 mm (e.g., 1–2 DS 7–3.0, 1 DS 7–4.5)
Growth 11–18 packages 500–700 lines ~5,500–12,600 lines 3–6 tips (e.g., 2–3 DS 7–3.0, 2–3 DS 7–4.5) with buffer for add‑on areas
Aggressive 19–30 packages 600–800 lines ~11,400–24,000 lines 5–10 tips (balanced across depths), plus contingency stock to cover VIP bookings and short‑notice events

Clinics can refine this matrix by:

  • Adjusting line estimates based on their specific See‑Plan‑Treat mapping protocols and patient case mix.
  • Splitting stock between new transducers and certified pre‑owned units with verified remaining line counts and documented condition.
  • Blocking transducer availability on the booking calendar to prevent over‑committing packages beyond physical consumable capacity.

Once your forecast tier is clear, request a quote from ALLWILL for a bundled DS 7–3.0 / DS 7–4.5 stocking plan, including suggested delivery timelines ahead of your peak season.

Compliance & Asset Protection When Sourcing Tips for High-Demand Seasons

Even though DS 7–3.0 and DS 7–4.5 transducers are consumables, they remain regulated medical device components linked to the Ulthera system and its underlying clearances.

Regulatory and Quality Considerations

Ulthera devices and DeepSEE transducers are generally described in regulatory filings and technical documents as focused ultrasound stimulator components for aesthetic use, with FDA 510(k) clearance under codes relevant to non‑invasive skin lifting, and CE marking in various markets. Clinics must:

  • Confirm that the Ulthera system and specific DS transducers they use are cleared or registered for their indications and regions before integrating them into menu items.
  • Ensure that procurement of new or CPO tips respects manufacturer instructions for use, including line limits, expiration dates, and multi‑patient use protocols.

For certified pre‑owned tips, it is essential to verify refurbishment or repackaging practices, including whether any re‑certification steps were performed and documented.

Asset Protection and Documentation

Even for consumables, asset protection hinges on documentation:

  • Keep records of lot numbers, serials, expiration dates, and remaining lines when possible, tied to the Ulthera system used.
  • Log usage in practice management systems, linking line consumption to treatment types and dates, to support quality audits and inventory control.
  • Confirm warranty terms and any manufacturer or distributor policies on defects, shipping damage, or early failures of DS transducers.

ALLWILL’s sourcing model emphasizes traceable supply for DS 7–3.0 and DS 7–4.5, backed by documentation of authenticity, remaining line capacity, and refurbishment scope where applicable, so buyers can align seasonal stocking decisions with compliance expectations.

Procurement Risks to Avoid & ALLWILL Expert View

Key Risks in Pre-Holiday Tip Sourcing

Clinic owners should pay particular attention to:

  • Generic or non‑Ulthera cartridges marketed as “HIFU tips.” These may not integrate with the Ulthera system or align with its imaging and safety profile, raising regulatory and liability concerns.
  • Unverified pre-owned transducers with unclear line counts or expiration dates. Without device‑level documentation, clinics can discover mid‑season that tips are near end‑of‑life or out of date, forcing cancellations.
  • Just‑in‑time ordering for winter peaks. Relying on last‑minute procurement for DS 7–3.0 and DS 7–4.5 tips exposes clinics to freight delays, stockouts, and mismatches between marketing commitments and physical inventory.
  • No cross‑check between menu design and transducer capacity. Building aggressive holiday packages without aligning line budgets and tip availability can strain staff and compromise schedule reliability.

ALLWILL Expert View
The most preventable holiday‑season revenue losses are not caused by marketing or pricing; they are caused by consumable planning. Ulthera DS 7–3.0 and DS 7–4.5 transducers sit at the center of full‑face and SMAS‑layer protocols, yet many clinics still treat them as simple reorder items. When winter demand spikes and calendars fill with high‑ticket packages, a single under‑forecasted box of tips can force rescheduling or partial treatments, undermining both trust and revenue.
A pragmatic approach is to forecast demand in lines, not just in bookings: start with your See‑Plan‑Treat maps, estimate average 3.0 mm and 4.5 mm line usage per protocol, then multiply by your realistic holiday booking targets—not your aspirational goals. Once those numbers are clear, add a 10–20% buffer for VIP and short‑notice cases. From there, you can decide how much of that capacity should be covered by new transducers versus documented, certified pre‑owned stock. At ALLWILL, we routinely build these “line‑based stocking plans” with clinics ahead of peak seasons, bundling DS 7–3.0 and DS 7–4.5 tips with delivery schedules that match campaign launch dates. Request a quote from ALLWILL if you want your next holiday Ultherapy program anchored to a quantified, documented consumable plan instead of hope.

Frequently Asked Questions

How many DS 7–3.0 and DS 7–4.5 tips should I stock for winter?

Most clinics should align tip stock with forecasted Ultherapy packages and line budgets rather than a generic number. For example, 10–20 full‑face or face‑neck packages can easily consume several 2,400‑line transducers across 3.0 mm and 4.5 mm depths, especially in tri‑depth protocols. Request a quote from ALLWILL for a line‑based stocking model tailored to your calendar.

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What is the typical price range for DS 7–3.0 and DS 7–4.5 transducers?

Market listings suggest that new DeepSEE DS 7–3.0 and DS 7–4.5 cartridges often fall in the approximate $1,700–$3,000 corridor per unit, depending on supplier, region, and line count. Pre‑owned tips may be cheaper but require careful verification of remaining lines, expiration, and authenticity.

Can certified pre-owned Ulthera tips safely support high-demand seasons?

Certified pre‑owned DS transducers can support busy periods if their remaining lines, expiration dates, and condition are fully documented and if they have been stored and handled properly. Clinics should secure written confirmation from suppliers and integrate CPO tips into inventory planning alongside new cartridges; ALLWILL can provide condition and line reports for CPO stock.

How do DS 7–3.0 and DS 7–4.5 relate to Ulthera’s regulatory status?

These transducers are components of the Ulthera system, which is described in FDA 510(k) and technical documents as a focused ultrasound stimulator system for aesthetic use with specific indications such as lifting skin on the neck, brow, and under the chin. Clinics must verify the regulatory status of their particular model and region, ensuring that marketing language aligns with cleared indications and avoids guaranteeing outcomes.

When should I place holiday tip orders to avoid stockouts?

Many medspa planning guides recommend securing consumables several weeks to a few months before major seasonal peaks, allowing for shipping and customs variability. For DS 7–3.0 and DS 7–4.5 tips, coordinating with ALLWILL for bundled orders and scheduled deliveries ahead of campaign launches helps avoid last‑minute shortages.

References

  1. Ulthera System Instructions for Use – DeepSEE Transducers
  2. Ultherapy Customer Training Manual
  3. Ultherapy SPT Practice Case Study
  4. “Ultherapy Adds a Whole New Category to the Aesthetics …” (Technical Presentation)
  5. Merz Ulthera Ultherapy System Specifications
  6. 2015 Merz Aesthetics Ulthera – Device Listing
  7. Ulthera DeepSEE Transducer DS 7–3.0 (NEW w/ 2400 Lines)
  8. Ulthera DeepSEE Transducer DS 7–4.5 (NEW w/ 2400 Lines)
  9. Ulthera DeepSEE DS 7–3.0 Transducer Supply Chain Optimized – ALLWILL Announcement
  10. ULTHERA DS 7–4.5 Ultherapy Transducer Anchors ALLWILL’s New Global Supply Initiative
  11. Preparing Your Med Spa for Seasonal Demand: A 2025 Guide
  12. Seasonal Strategies to Boost Your Med Spa Business Year‑Round
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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.