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ULTHERA DS 7-4.5 & DS 7-3.0: Dual-Layer Protocol ROI & Price Guide

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For clinic owners, the ULTHERA DS 7-4.5 and DS 7-3.0 transducers work best as a dual-layer protocol: the 4.5 mm pass engages deep fascial structures (SMAS), while the 3.0 mm pass immediately stabilizes vectors by compacting the overlying dermis and fibroseptal network. This layered construction reduces mechanical drift, supports more consistent contouring, and can improve perceived value per session, making console and transducer investment more defensible when you align pricing, utilization, and sourcing through verified new or certified pre-owned units.

What the DS 7-4.5 / DS 7-3.0 Do & Ideal Clinic Profile

The ULTHERA DS 7-4.5 transducer is a DeepSEE micro-focused ultrasound cartridge that delivers therapeutic energy at roughly 4.5 mm focal depth, targeting the superficial musculoaponeurotic system (SMAS) and deep fibrous septa. It typically operates at 4 MHz with a 7 mm wide treatment footprint, forming linear coagulation zones that act as “fascial anchor points” along mechanical lift vectors.

The ULTHERA DS 7-3.0 transducer complements this by delivering energy closer to 3.0 mm, engaging the deep dermis and subdermal tissues responsible for tension distribution and surface stability. Clinics with strong Ultherapy demand—facial lifting, jawline definition, and lower-face contouring—are ideal candidates for dual-layer protocols where a DS 7-4.5 SMAS pass is followed by DS 7-3.0 dermal tightening to reduce drift and improve structural coherence.

This combined approach suits high-touch dermatology practices, plastic surgery centers, and medspas that already operate Ulthera systems but want more predictable mechanical outcomes without making any guaranteed efficacy claims. It also aligns with clinics that position Ultherapy in comparison to other MMFU/HIFU platforms (for example, Sofwave or other superficial-focused MMFU systems) and need clear, physics-based rationales for their transducer stack rather than marketing language alone.

Technical Core: Layered Construction and Mechanical Tissue Vectoring

From a mechanical-tissue perspective, a single 4.5 mm SMAS pass functions like installing deep anchor points along desired lift vectors, but without an overlying “cap” these vectors can partially dissipate as surrounding tissues remodel. The SMAS and its fibrous connections transmit force to the dermis; when deep fixation is not followed by dermal compaction, the superficial layer can glide relative to deeper structures, creating minor contour drift over time.

Dual-layer Ultherapy protocols address this by sequencing focal depths: first, DS 7-4.5 creates thermal coagulation zones in the SMAS plane, initiating collagen contraction and neocollagenesis in deep fascia. Second, DS 7-3.0 is applied along similar vectors to compact the deep dermis and subdermal fibroseptal tissue, binding the superficial envelope more tightly to the newly conditioned SMAS anchors. In essence, the 4.5 mm pass defines lift architecture; the 3.0 mm pass stabilizes it by reducing relative shear between layers.

High-intensity focused ultrasound and micro-focused ultrasound literature on SMAS targeting shows that focal depth and patterning significantly influence vectoring and mechanical outcomes, even though patient-level results vary. The Ulthera DeepSEE system adds real-time imaging up to about 8 mm beneath the skin, letting clinicians visualize dermal and subdermal structures, confirm coupling, and avoid bone while aligning transducer choice with anatomy. When used intentionally, DS 7-4.5 and DS 7-3.0 become a layered construction strategy rather than simply “two depths,” giving procurement decisions a structural rationale: you are buying a vectoring toolset, not just cartridges.

For clinic owners, understanding this mechanical logic matters because it shapes transducer mix, operator training, and how you explain treatment architecture to informed patients without overpromising specific outcomes.

Revenue, Operational Impact, and Payback Math

Capital outlay for an Ulthera console plus a DS 7-4.5 and DS 7-3.0 stack is significant, but layered protocols can increase perceived session value and improve utilization rates when appropriately priced. A typical mid-volume clinic might structure Ultherapy pricing in tiers (e.g., brow-only, lower face, full face/neck) and treat dual-layer passes as standard in higher tiers rather than add-ons.

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Illustrative (non-guaranteed) economics for a mid-to-high volume practice could look like this:

  • Ultherapy full-face/neck sessions priced in the USD 1,500–3,000 range, depending on geography and brand positioning.
  • 15–30 Ultherapy sessions per month once the service is established, with dual-layer DS 7-4.5/DS 7-3.0 protocols used in most midface/lower-face cases.
  • Incremental perceived value from dual-depth passes supports staying at the higher end of local price bands without relying on outcome promises.

On the cost side, individual DS 7-4.5 transducers frequently appear in new-stock listings around USD 3,000–4,500, while DS 7-3.0 cartridges often fall in a similar or slightly lower band, depending on the distributor and line-count package. Certified pre-owned (CPO) Ulthera transducers can be available at around 40–70% of new price, tied to remaining line counts, refurbishment scope, and warranty, but figures vary by market and supplier. (These ranges are estimates based on observed listings; clinics must verify current pricing directly.)

When you model payback, the console and transducer stack should be assessed together:

  • Fixed capital: console, core handpiece, initial DS 7-4.5 and DS 7-3.0 transducers (new or CPO).
  • Variable cost: per-line consumption across transducers, including eventual replacement or refurbishment.
  • Revenue driver: Ultherapy tiered sessions, with dual-depth protocols strengthening positioning relative to alternatives like Sofwave or other MMFU systems.

Solutions-focused platforms such as ALLWILL can help clinics build realistic utilization models—integrating local price benchmarks, projected patient demand, and line-count economics—so a quote is not just a number but a payback scenario.

Request a quote from ALLWILL if you want DS 7-4.5 and DS 7-3.0 pricing framed inside a utilization and payback analysis tailored to your clinic.

Differentiated Advantage and High-Ticket Rationale

The DS 7-4.5/DS 7-3.0 combination earns its premium positioning less from brand recognition and more from the layered mechanics described above. While many HIFU/MMFU systems offer multi-depth cartridges, Ulthera’s DeepSEE imaging and specific transducer architecture allow more precise control over focal depth and pattern.

Some competing platforms (for example, certain MMFU devices used in “double HIFU” protocols) emphasize superficial tightening or high shot counts for jawline contouring, leveraging multi-layer passes with different focal depths. Ulthera’s differentiation lies in its combination of imaging, field-tested SMAS targeting, and standardized transducer profiles (DS 7-4.5 purple, DS 7-3.0, and others) with defined treatment guidelines. This systematization supports reproducible protocols across operators and sites—valuable for groups and chains where consistency is a core business metric.

Pairing deep fascial fixation and immediate dermal compaction creates a narrative that clinicians can explain in mechanical terms: you anchor the deeper layer and then tighten the layer above it to reduce glide. For procurement decision-makers, this narrative translates into higher-ticket justification: you are investing in a transducer set that has a coherent, physics-based role in your treatment architecture, backed by regulatory clearances for non-invasive lifting and tissue visualization rather than marketing claims alone.

ALLWILL’s role here is to help align the specific transducer mix—how many DS 7-4.5 and DS 7-3.0 units, in what condition, with which warranties—with your actual treatment philosophy and business model rather than selling inventory in isolation.

BME Technical Maintenance Checklist: Dual-Layer Ultherapy Stack

Because this working title centers on layered construction and mechanical side-effect control, the most practical decision aid is a technical maintenance checklist that keeps DS 7-4.5 and DS 7-3.0 operating within predictable parameters.

DS 7-4.5 / DS 7-3.0 Technical Maintenance Checklist

  • Transducer identification and logging
    • Record each DS 7-4.5 and DS 7-3.0 transducer by serial number, manufacturing date, and initial line count; link entries to the console asset file.
  • Visual inspection of transducer faces
    • Before each treatment block, inspect the cartridge membrane for tears, warping, or discoloration; retire or service units with any visible surface defects.
  • Connector and housing integrity
    • Verify solid engagement between transducer and handpiece; check connectors and housings for play, cracks, or residue that could affect energy delivery or imaging.
  • Line-count tracking and retirement thresholds
    • Track delivered lines per cartridge against manufacturer specifications and internal retirement thresholds; avoid using cartridges near or beyond recommended limits.
  • Imaging and focal-depth confirmation
    • Use DeepSEE imaging to confirm dermal, subdermal, and SMAS structures before selecting transducer depth; document any deviations from recommended focal planes.
  • Coupling gel standardization
    • Adopt a single, ultrasound-appropriate coupling gel with validated acoustic properties across all Ulthera treatments; monitor gel expiry and viscosity changes.
  • Dual-layer protocol documentation
    • Maintain standardized treatment maps that show DS 7-4.5 and DS 7-3.0 line patterns, sequence, and energy settings for each indication zone.
  • Event recording and investigation
    • Log any cases of unexpected discomfort, superficial burns, or mechanical drift complaints, tying them to transducer IDs, gel batches, and protocol variations.
  • Scheduled calibration and service
    • Coordinate regular console and handpiece checks with qualified service partners or ALLWILL, including verification of output levels and imaging clarity.
  • Compliance file maintenance
    • Store purchase invoices, refurbishment reports, 510(k)/CE documents, maintenance logs, and SOPs in a central compliance file accessible for audits.
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Treating this checklist as mandatory SOP across locations helps ensure that layered protocols are supported by reliable hardware, not just operator intention. ALLWILL can assist in converting such checklists into structured asset-management and maintenance plans that tie directly into warranty and CPO inspection frameworks.

Compliance and Asset Protection for Dual-Depth Ultherapy

Ulthera systems carry FDA 510(k) clearances for specific non-invasive lifting indications (brow, submental, neck) and improvement in lines/wrinkles on the décolletage, with DeepSEE imaging indicated to visualize dermal and subdermal tissues to ensure proper coupling and avoid bone. However, clinics must verify the current regulatory status of their exact console model, transducer set, and intended use in their jurisdiction, as indications and labeling can evolve.

When procuring DS 7-4.5 and DS 7-3.0 cartridges, buyers should insist on:

  • Written confirmation of authenticity and traceability (serial numbers, manufacturing dates, original sourcing).
  • Regulatory documentation for the underlying Ulthera system and transducers, aligned with local requirements.
  • Clear statements of warranty coverage, including any limitations tied to line counts or time-in-service.
  • Refurbishment reports for CPO units, detailing membrane replacement, housing inspection, line-count reset, and any testing performed.

Platforms like ALLWILL can support asset protection by requiring and organizing this documentation, but clinics should treat regulatory due diligence as an internal responsibility. Written confirmation of authenticity, regulatory status, and warranty terms should be standard in your procurement files regardless of supplier.

Request a quote from ALLWILL if you need DS 7-4.5 and DS 7-3.0 sourcing bundled with compliance documentation review and CPO condition reporting.

Procurement Risks to Avoid and ALLWILL Expert View

Common procurement risks with DS 7-4.5 and DS 7-3.0 include acquiring transducers from unverified resellers with incomplete documentation, focusing solely on lowest price without considering remaining line counts, and failing to align transducer stock with your protocol maps and projected patient volumes. Another risk is under-specifying the layered approach—buying a 4.5 mm cartridge without planning for a 3.0 mm companion—leading to fragmented protocols and underutilized mechanical advantages.

Clinics sometimes extend transducer life beyond recommended line thresholds to “extract more value,” but this can lead to inconsistent focal delivery and increased variance in patient experience. Similarly, deploying refurbished units without clear refurbishment documentation can expose you to hardware drift that undermines both clinical and financial performance.

ALLWILL Expert View: Building a Dual-Layer Ultherapy Asset Strategy

From an asset-management standpoint, DS 7-4.5 and DS 7-3.0 should be procured and managed as a linked pair rather than isolated cartridges. The deep fascial fixation created at 4.5 mm is structurally incomplete if the overlying dermis is allowed to remodel without intentional compaction; conversely, a 3.0 mm dermal pass gains mechanical coherence when it binds to well-placed SMAS anchors. This pairing has implications for inventory planning: you need enough of each depth, with staggered line-count lifecycles, so dual-layer protocols can be delivered consistently over time.

ALLWILL’s view is that the quote process is an opportunity to design this pairing rather than simply price transducers. We recommend modeling expected Ultherapy volumes by treatment zone, determining the ratio of DS 7-4.5 to DS 7-3.0 usage, and then mapping that to a rolling transducer inventory plan that includes new and CPO options with documented refurbishment. When you treat dual-depth cartridges as coordinated assets, you reduce protocol fragmentation, create more predictable maintenance schedules, and preserve your Ultherapy positioning against emerging MMFU competitors—without depending on any single outcome promise.

If you are planning or expanding an Ultherapy program, ask ALLWILL for a transducer-mix proposal that pairs DS 7-4.5 and DS 7-3.0 around your actual protocols, volumes, and compliance requirements.

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Frequently Asked Questions

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

New DS 7-4.5 transducers often list around USD 3,000–4,500, while DS 7-3.0 cartridges usually fall in a similar or slightly lower band depending on supplier and line-count package. Certified pre-owned options can reduce upfront cost but require careful inspection. Request a quote from ALLWILL for current, documented pricing.

How should I compare new vs certified pre-owned Ulthera transducers?

New units provide full manufacturer warranty and predictable starting line counts, whereas certified pre-owned units can reduce capital expenditure if refurbishment, testing, and documentation are robust. Clinics should compare remaining lines, membrane condition, and warranty terms in writing, ideally using ALLWILL or similar partners to obtain CPO inspection summaries.

What warranty coverage is typical for DS 7-4.5 and DS 7-3.0?

Warranty structures vary but often link coverage to time-in-service or maximum line counts per cartridge. Buyers should request written warranty terms for both the Ulthera console and individual transducers, including any exclusions, and align these with maintenance plans.

Are there regulatory considerations specific to dual-layer protocols?

Regulatory clearances generally apply to the Ulthera system and its indications, not to individual protocol variations, but clinics must ensure that their system and transducer set remain within labeled and locally authorized use. It is prudent to incorporate regulatory document checks into your procurement workflow.

What ROI or payback timeline can I expect from adding dual-depth Ultherapy?

ROI timelines depend on local pricing, patient demand, and how well dual-depth protocols are integrated into your treatment menu. Many clinics use layered passes to support premium tiers and maintain pricing strength, but income is never guaranteed; a tailored payback model from ALLWILL can help estimate timelines under your specific conditions.

References

  1. Ultherapy System Instructions for Use (Ulthera IFU)

  2. Cost & ROI Guide to the ULTHERA DS 7–4.5 Purple Transducer

  3. Ultherapy DeepSEE DS 7-4.5 (Purple) Transducer – Product Details

  4. UT-3 – DS 7-4.5 Transducer Purple – DeepSEE Imaging Notes

  5. FDA 510(k) Summary – Ulthera System

  6. Transducer DS 7 – 4.5 Listing – Pipeline Medical

  7. Ulthera: Initial and Six Month Results – Clinical Experience

  8. High Intensity Focused Ultrasound SMAS Targeting Study

  9. Complete Guide to HIFU: 2026 Edition

  10. Double HIFU in Gangnam: Ultherapy Prime & Sofwave

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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.