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Ulthera DS 7‑4.5 & DS 7‑3.0: Comfort‑Focused Cost & ROI Guide for Depth‑Sequenced HIFU

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Sequencing Ultherapy passes from deeper DS 7‑4.5 (around 4.5 mm) to more superficial DS 7‑3.0 (around 3.0 mm) is widely used to manage how patients experience micro‑focused ultrasound, allowing operators to distribute sensation and avoid cumulative discomfort when treatment patterns follow manufacturer guidance. For clinic owners, this “kinetic sensation sequencing” is not only a clinical nuance — it also influences session completion rates, re‑booking, and ultimately the ROI of investing in Ultherapy systems and transducer inventories.

What DS 7‑4.5 & DS 7‑3.0 Do & Ideal Clinic Profile

The Ulthera DS 7‑4.5 transducer is a DeepSEE cartridge delivering micro‑focused ultrasound at approximately 4.5 mm depth, often targeting the SMAS or platysma region for lifting‑type indications in Ultherapy protocols. Operating around 7 MHz, it produces discrete thermal coagulation points along parallel lines, with imaging capability when used on compatible systems.

The DS 7‑3.0 transducer delivers energy around 3.0 mm depth, engaging mid‑dermal and sub‑dermal layers associated with tightening and textural support patterns. Together, the DS 7‑4.5 and DS 7‑3.0 form a staged depth stack: deeper passes to lift and support, followed by more superficial passes to address contour and quality within cleared indications and protocol guidance.

Ideal buyers for this two‑transducer configuration are:

  • Clinics and medspas that perform higher‑ticket non‑invasive lifting and want structured ways to manage patient comfort across full‑face or large‑area sessions.
  • Practices prioritizing protocol‑driven workflows, staff training, and minimized need for sedation or heavy analgesia in routine aesthetic treatments.

ALLWILL’s role for these clinics is to connect capital decisions (system + transducers, new vs CPO) with practical comfort strategies that keep sessions commercially viable and help protect patient experience over time.

Topic‑Specific Core Analysis: Kinetic Sensation Sequencing & Depth Staging

While Ultherapy guidance emphasizes appropriate energy placement and patient communication, many experienced operators also structure their passes to manage “kinetic sensation” — the sequence and intensity of pain or discomfort as shots move across depth, anatomy, and time. It is important to note that pain perception is individual, and no sequencing strategy can eliminate discomfort; rather, these approaches aim to distribute stimuli and avoid avoidable peaks.

Deep vs Superficial Sensation

Deeper passes with DS 7‑4.5 can generate sensation closer to bone‑adjacent or fascia‑rich structures, where mechanical coupling and thermal effects may be felt as sharp or deep discomfort in some patients. In contrast, DS 7‑3.0 passes often produce more superficial, prickling, or heat‑like sensations in dermal and sub‑dermal tissue.

By staging the sequence — for example, beginning in deeper zones and then moving to superficial passes, or alternating between depths according to area and tolerance — operators can leverage temporary nerve fatigue or adaptation, potentially making subsequent passes feel less intense for some patients. Clinical literature on focused ultrasound and pain response supports the idea that repeated stimuli can alter perception over a session, but exact patterns remain patient‑specific.

Nerve Fatigue and Comfort Management

“Nerve fatigue” in this context refers to reduced sensation perception over time due to repeated stimulation of pain or mechanoreceptor pathways. When passes are sequenced thoughtfully, some patients may report that later shots feel less sharp even at similar energy settings, allowing completion of full protocols with fewer interruptions.

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Operators typically combine depth staging with:

  • Clear expectation setting and communication during treatment.
  • Topical anesthesia or other analgesic measures where appropriate and permitted.
  • Real‑time adjustment of energy settings within protocol limits based on feedback.

ALLWILL can match clinics with Ultherapy trainers or experienced users who can help translate manufacturer guidance and clinical experience into practical depth‑sequencing approaches compatible with local regulatory and standard‑of‑care requirements.

Revenue & Operational Impact: Comfort, Completion Rates & Payback

From a financial perspective, managing pain and comfort across DS 7‑4.5 and DS 7‑3.0 passes is closely tied to completion rates and re‑booking patterns. When patients cannot tolerate sessions or perceive treatments as excessively painful, clinics may see increased partial procedures, refunds, or negative word‑of‑mouth, all of which can erode ROI.

Key economic factors include:

  • Session Pricing: Ultherapy treatments are often positioned at premium price points, commonly in mid‑to‑high three‑figure or low four‑figure USD ranges per session, depending on market and area treated.
  • Transducer Cost & Line Economics: DS 7‑4.5 and DS 7‑3.0 transducers tend to sit in mid‑four‑figure USD ranges new, with line counts around 2,400 shots for many models. CPO or partially used cartridges may be priced lower but need careful validation.
  • Utilization & Tolerance: Achieving stable monthly utilization (for example, a certain number of full‑face protocols per week) often depends on patient comfort strategies that support word‑of‑mouth and repeat usage.

A payback model that treats comfort as a core variable — not an afterthought — will be more realistic. Clinics can estimate how improvements in completion rates and patient satisfaction might influence re‑booking, transducer usage efficiency, and overall revenue per cartridge. ALLWILL can help clinics explore scenarios such as “baseline” versus “optimized comfort” utilization when configuring acquisition packages.

Mid‑article next step: Request a quote from ALLWILL to review Ultherapy system and transducer bundles (new or CPO) alongside tailored utilization and comfort‑sensitive payback scenarios for your clinic.

Differentiated Advantage: Why Depth‑Sequenced HIFU Justifies Capital Spend

Compared with non‑visual or single‑depth HIFU systems, an Ultherapy platform configured with DS 7‑4.5 and DS 7‑3.0 cartridges offers both depth flexibility and structured protocols that support more thoughtful sensation management. For clinics that treat comfort as part of their brand, this can justify higher capital and consumable costs.

Differentiating factors include:

  • Depth Stacking Capability: The ability to deploy 4.5 mm and 3.0 mm passes in defined sequences allows operators to tailor treatment to anatomy and tolerance while maintaining coverage.
  • Integration with Visualization (DeepSEE): On systems with imaging, operators can see tissue layers and adjust passes, coupling, and energy settings more precisely.
  • Protocol‑Friendly Design: Manufacturer guidance and clinical literature provide frameworks for multi‑depth treatments, enabling staff training and standardization around comfort as well as efficacy within cleared indications.

Clinics comparing Ultherapy with other platforms (such as some generic HIFU units or RF microneedling systems) often decide that paying for structured depth control and visual guidance aligns better with their risk and brand positioning. ALLWILL can support these comparisons by focusing on operational outcomes — uptime, comfort strategies, and consumables — instead of purely technical spec sheets.

Practical Decision Aid: Comfort‑Focused Ultherapy Session Design Framework

Because this topic is not directly about cost, specs, or logistics, the most relevant decision aid is a practical framework clinics can use to design and evaluate Ultherapy sessions with comfort in mind. The aims are to protect patient experience, support transducer economics, and keep treatments commercially viable.

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Comfort‑Focused Ultherapy Session Design Framework (DS 7‑4.5 & DS 7‑3.0)

  1. Pre‑Session Assessment & Expectation Setting
    • Screen for pain sensitivity, anxiety, and prior energy‑based treatment experiences.
    • Explain that sensations vary, and that depth‑sequenced passes using DS 7‑4.5 and DS 7‑3.0 will be adjusted based on real‑time feedback.
  2. Analgesia & Support Plan
    • Select topical anesthesia or other analgesic strategies in line with local regulations and clinical judgment.
    • Plan pause points in your protocol where feedback is actively requested and documented.
  3. Depth‑Sequencing Strategy
    • Map treatment areas and decide an initial staging approach (e.g., start with DS 7‑4.5 in specific zones, then layer DS 7‑3.0; or interleave passes depending on anatomy).
    • Avoid jumping directly from high‑intensity deep passes to dense superficial passes in ultra‑sensitive areas without monitoring tolerance.
  4. Energy Setting & Pattern Management
    • Use manufacturer‑recommended starting energies and adjust within permitted ranges based on feedback.
    • Space lines and passes so that localized nerve pathways are not overstimulated in rapid succession, especially along bony contours.
  5. Real‑Time Communication Protocol
    • Maintain a running dialogue with the patient: confirm comfort levels, use agreed‑upon “stop” signals, and adjust pacing accordingly.
    • Document areas where sensitivity is higher so future sessions can adapt depth and sequence.
  6. Post‑Session Review & Scheduling
    • Record transducer line usage, energy settings, and any notable comfort‑related adjustments.
    • Schedule follow‑up or maintenance sessions based on clinical protocols, factoring in how comfort experience is communicated in patient recall and marketing.

Clinics that operationalize this framework often see fewer incomplete sessions, more positive patient narratives, and more predictable transducer usage, which feeds directly into payback and asset planning.

Compliance & Asset‑Protection

Comfort strategies must always sit within regulatory and safety guardrails. Ultherapy systems have specific clearances for defined indications, and any pain‑management or sequencing approach must respect IFU guidance, local anesthesia rules, and professional standards.

From an asset‑protection standpoint:

  • Transducer Documentation: Maintain records for DS 7‑4.5 and DS 7‑3.0 cartridges, including serial numbers, manufacturing dates, and remaining line counts.
  • Usage & Comfort Logs: Capture which energy settings, depth sequences, and analgesia strategies were used in sessions, particularly for higher‑risk or high‑sensitivity patients.
  • Regulatory Verification: Confirm system and transducer regulatory status for your region and align marketing messages with cleared indications.

ALLWILL can assist clinics in building an asset file that includes transducer inventories, shot usage, and training documentation, helping link capital investment with long‑term risk management and patient experience. Request a quote from ALLWILL to structure Ultherapy acquisition or upgrade plans around both compliance and comfort‑focused asset use.

Procurement Risks to Avoid + ALLWILL Expert View

Comfort outcomes are influenced not only by protocol but also by the state of the hardware and transducers. Buying DS 7‑4.5 and DS 7‑3.0 cartridges solely on price, without checking compatibility, remaining lines, or prior use, can undermine comfort strategies by introducing uneven energy delivery or unreliable performance.

ALLWILL Expert View: Investing in Comfort‑Ready Ultherapy Stacks

When evaluating Ultherapy capital purchases, many clinics focus on headline device price and marketing claims while treating transducer choice as an afterthought. A more resilient approach views DS 7‑4.5 and DS 7‑3.0 as a paired stack whose depth capabilities and line economics must align with your comfort strategy and utilization goals. This means prioritizing transducer inventories with documented line counts, compatibility verification, and a clear replacement plan, and ensuring staff are trained to use depth staging and communication techniques that respect IFU guidance and local standards. ALLWILL’s value is in curating new and certified pre‑owned Ultherapy packages where system condition, transducer mix, and support pathways are designed around uptime and patient experience, not just procurement cost. Clinics that request a quote with comfort, utilization, and training in mind typically achieve more stable ROI than those that treat these factors as secondary.

Closing next step: Request a quote from ALLWILL to review Ultherapy system and DS transducer options along with training, documentation, and comfort‑focused asset plans tailored to your clinic’s patient profile and pricing strategy.

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Frequently Asked Questions

What is the price range for Ulthera DS 7‑4.5 and DS 7‑3.0 transducers?

Market listings suggest DS 7‑4.5 and DS 7‑3.0 transducers often sit in mid‑four‑figure USD ranges per new cartridge, with some examples around 2,000–3,200 USD depending on vendor and region. CPO or partially used units may be cheaper, but buyers must verify remaining lines and authenticity.

How does patient comfort affect Ultherapy ROI?

Comfort affects completion rates, re‑booking, and referrals, all of which drive utilization and revenue per transducer. Clinics that integrate depth staging, analgesia, and communication protocols typically see more predictable treatment volumes and fewer refunds, supporting faster payback on system and transducer investments.

What should I check when buying CPO DS 7‑4.5 or DS 7‑3.0 cartridges?

Verify serial numbers, manufacturing dates, documented remaining line counts, and any refurbishment or testing performed. Ensure compatibility with your system software and region, and request inspection or test reports. ALLWILL can include these checks as part of a CPO transducer quote.

Are there regulatory considerations around pain management for Ultherapy?

Yes. Clinics must follow IFU guidance, local rules on anesthesia and analgesia, and professional standards for non‑invasive aesthetic procedures. Comfort strategies should not involve off‑label device modifications or unapproved pharmacologic approaches.

What lead times should I expect for Ultherapy transducers and systems?

Lead times vary by region and stock level: some distributors can ship new DS transducers quickly, while cross‑border or CPO sourcing may require additional logistics time. Clinics should request a quote from ALLWILL to confirm current availability and build transducer safety‑stock plans around expected demand.

References

  1. Ulthera® System – Instructions for Use (Sample IFU)

  2. Ulthera DeepSee Transducer DS 7‑4.5 (NEW w/ 2400 lines)

  3. Ultherapy DeepSEE DS 7‑4.5 Purple Transducer – Be Her / MedShift Overview

  4. Ulthera UT‑3 DS 7‑4.5 Transducer – Technical Characteristics

  5. Ulthera DeepSEE DS 7‑4.5 Transducer Ultherapy Ultrasound Purple 2058/2400 Lines

  6. Ulthera: Initial and Six Month Results

  7. Ulthera® System – Updated Instructions for Use (Sample IFU)

  8. Ulthera DS 7‑3.0 Transducer: Technology, Uses, and Clinical Benefits – ALLWILL Knowledge

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        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.