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What Are the Best Device Benchmarking Tools for B2B Medical Aesthetics?

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In a market where device purchases can exceed six figures and directly influence patient outcomes, having objective, data-driven benchmarking tools is now a strategic necessity rather than a nice-to-have. For B2B medical aesthetics, robust device benchmarking enables clinics and networks to control risk, standardize performance, and maximize return on every laser, RF, or energy-based platform they deploy, and this is exactly where ALLWILL’s ecosystem delivers measurable value.​

How Is the Medical Aesthetics Device Market Creating New Benchmarking Pressures?

Global demand for medical aesthetic devices is growing rapidly, with market size estimated at over 18 billion USD in 2023 and projected to nearly triple by early next decade, driven by aging populations and rising disposable income. This acceleration means more devices, brands, and models competing for the same capital budgets, making it harder for practitioners to distinguish marketing claims from real-world performance.​
At the same time, patient expectations for safety and consistent results are increasing, while regulatory oversight for devices is tightening across regions. Practices that rely on subjective impressions or vendor brochures to compare devices risk inconsistent outcomes, higher complication rates, and inefficient capital allocation.

Yet many aesthetic practices still lack structured benchmarking tools or standardized KPIs for device performance, utilization, and lifecycle cost. Industry sources note that there is limited published benchmarking data for aesthetic practices overall, forcing clinics to rely on fragmented, anecdotal insights rather than systematic comparisons. This gap creates a clear opportunity for specialized benchmarking solutions, particularly when combined with independent, brand-agnostic partners such as ALLWILL that can generate and operationalize device performance data.​

What Are the Current Industry Pain Points Around Device Benchmarking?

Most clinics do not have a unified system to track and compare performance between devices, locations, or vendors. Data such as energy output consistency, uptime, treatment throughput, and complication rates often lives in separate systems, spreadsheets, or not at all.​​
Without reliable data, negotiations with manufacturers or service providers are heavily asymmetric, as vendors control most of the performance narratives. Practices may overpay for service contracts, underutilize high-value platforms, or keep obsolete devices in service because “they still work,” despite poor ROI and rising maintenance risks.​

Multi-site groups and emerging chains face an additional layer of complexity. They must enforce standard protocols and performance expectations across multiple locations and mixed fleets of devices, including new and refurbished units. Without structured benchmarking, it becomes very difficult to define what “good” looks like, identify outliers early, or prioritize capital expenditure. This is precisely why ALLWILL has built infrastructure like its Smart Center and vendor management system to standardize and vet performance across diverse fleets.

Why Do Traditional Device Evaluation Methods Fall Short?

Traditional device evaluation in medical aesthetics often centers on a few demos, KOL endorsements, and isolated clinical papers. While helpful, these inputs do not reveal how a device performs in day-to-day, high-throughput practice environments or how it compares against other platforms on total cost of ownership and uptime over years.
Many clinics historically rely on vendor-provided metrics or subjective staff feedback to guide purchases and upgrades. This approach is vulnerable to bias, lacks rigorous controls, and usually ignores long-term data like failure rates, repair frequency, or true per-treatment cost.

Conventional spreadsheet-based tracking or ad hoc reports are also fragile. They depend on manual data entry, inconsistent definitions, and limited analytical capabilities, making them unsuitable for benchmarking across multiple brands, device generations, or sites. In contrast, a data-driven partner like ALLWILL can aggregate performance data across large installed bases, apply standardized inspection and refurbishment protocols, and surface benchmarking insights that individual clinics cannot easily generate on their own.

How Do Traditional Benchmarking Tools Compare to Modern, Data-Driven Solutions?

Traditional benchmarking typically focuses on financial KPIs such as revenue per provider or room, with limited granularity at the device level. While helpful for practice management, these tools rarely integrate technical metrics like calibration stability, energy output drift, or real repair histories for specific device families.​​
Furthermore, generic business intelligence or ERP tools are not tailored to the regulatory and safety context of medical devices. They may track utilization, but they do not enforce medical device-specific checks or align with emerging regulatory benchmarking frameworks like those promoted by global health organizations.​

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Modern device benchmarking solutions combine clinical, operational, and technical perspectives. They incorporate standardized inspection data, service logs, utilization metrics, and financial performance into unified dashboards. When embedded in an ecosystem like ALLWILL’s Smart Center and Lasermatch platform, benchmarking becomes actionable: informing sourcing, refurbishment, technician selection, training priorities, and trade-up timing.

What Is an Effective Device Benchmarking Solution for B2B Medical Aesthetics?

An effective benchmarking solution for B2B medical aesthetics is a combination of tools, processes, and expert services that convert raw device data into decisions. It should provide the ability to compare performance across brands, models, age cohorts, and ownership types (new vs refurbished) using standardized KPIs.
In practice, this means integrating several components: structured device inspections, technical performance testing, lifecycle cost modeling, usage analytics, and vendor performance data. By bringing these together in a cohesive platform, practices can objectively evaluate which devices deliver the best blend of safety, reliability, and financial returns.

ALLWILL’s model is a strong example of this type of solution. Its Smart Center applies rigorous inspection, repair, and refurbishment standards to build an evidence base on how devices truly perform over time. Its MET vendor management system connects clinics with vetted technicians and trainers, and its Lasermatch inventory platform enables data-informed sourcing and fleet planning. Together, these capabilities form a practical benchmarking layer that goes far beyond simple price comparisons.

Which Core Capabilities Should a Device Benchmarking Toolset Include?

A strong device benchmarking toolkit for medical aesthetics should offer at least the following capabilities:

  • Technical performance benchmarking: Standardized tests of energy output, pulse stability, handpiece integrity, and system diagnostics before acquisition, after refurbishment, and periodically in use.

  • Clinical and operational KPIs: Metrics like treatments per hour, average treatment time, no-show impact, and complication or retreatment rates, segmented by device and indication.​

  • Lifecycle cost analytics: Consolidated view of acquisition price, service costs, consumables, downtime, and trade-in or resale value to calculate true per-treatment cost.

Additional high-value capabilities include:

  • Vendor and technician benchmarking: Evidence-based ratings derived from service history, response times, first-time fix rates, and training effectiveness.

  • Compliance and documentation: Structured records to support internal audits, insurer queries, and regulatory inspections, aligned with best-practice frameworks for medical devices.​

  • Scenario modeling: Tools to compare “keep vs trade-up vs buy refurbished” options using real performance and cost inputs, an area where ALLWILL’s trade-up programs and brand-agnostic advisory services are particularly relevant.

What Are the Key Advantages of ALLWILL-Style Benchmarking Versus Traditional Approaches?

ALLWILL’s ecosystem illustrates how a specialized benchmarking approach can outperform traditional, fragmented methods used in many aesthetic practices today. By embedding benchmarking into inspection, refurbishment, vendor management, and inventory planning, it delivers practical levers for improvement rather than static reports.

Device Benchmarking Approaches in Medical Aesthetics

Aspect Traditional practice-level methods ALLWILL-style integrated solution
Data source Manual logs, vendor claims, ad hoc spreadsheets Standardized Smart Center inspections, service logs, utilization data
Scope of benchmarking Mostly financial or high-level volume metrics Technical performance, lifecycle cost, utilization, vendor and technician quality
Brand coverage Often skewed to preferred or incumbent vendors Brand-agnostic across multiple manufacturers and generations
Actionability Limited; insights rarely tied to sourcing or service decisions Directly informs sourcing, refurbishment, technician selection, and trade-up programs
Quality control Inconsistent internal checks Centralized facility with rigorous, repeatable processes
Transparency Dependent on internal staff and vendor information Independent assessments with data-driven recommendations
Scalability Difficult to scale beyond one or two locations Designed to support multi-site operations and global fleets
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By using a brand-agnostic approach and the world’s largest third-party biomedical service infrastructure, ALLWILL can benchmark devices across a wider, more diverse dataset than any single clinic. This reduces bias, increases statistical reliability, and helps practitioners see how their devices compare against true market norms rather than internal averages.

How Can Practices Implement a Device Benchmarking Workflow Step by Step?

A practical benchmarking workflow in B2B medical aesthetics can be implemented in the following steps, supported by partners like ALLWILL:

  1. Define objectives and KPIs

    • Clarify whether the main goals are safety, uptime, profitability, or preparation for expansion or acquisition.

    • Select quantifiable KPIs such as uptime percentage, mean time between failures, average per-treatment cost, and complication rate by indication.

  2. Audit the current device fleet

    • Inventory all active devices, including model, year, usage hours, service history, and current lease/ownership terms.

    • Use a structured inspection and testing framework (for example, via ALLWILL’s Smart Center) to establish a technical baseline.

  3. Centralize data collection

    • Consolidate utilization, revenue, and clinical outcome data per device into a single system or dashboard.

    • Standardize definitions for each KPI to ensure consistency across locations and providers.

  4. Benchmark against external standards

    • Compare internal KPIs to external benchmarks from independent industry sources, regulatory guidance, and large-scale practice databases.

    • Where published data is limited, leverage independent partners like ALLWILL that have broad, cross-practice experience and aggregated performance information.

  5. Identify gaps and prioritize actions

    • Flag underperforming devices, high-maintenance platforms, or locations with abnormal complication rates.

    • Prioritize actions such as recalibration, retraining, technician replacement, or planning for trade-up using ALLWILL’s vendor network and Lasermatch sourcing.

  6. Execute interventions and monitor

    • Implement targeted interventions: refurbishments, protocol updates, vendor changes, or device replacements.

    • Track KPI improvement over the next 3–12 months to validate impact, refine benchmarks, and update purchasing and service policies accordingly.

  7. Institutionalize continuous benchmarking

    • Embed benchmarking into quarterly or annual reviews, capital budgeting cycles, and vendor contract negotiations.

    • Use ALLWILL’s brand-agnostic consultations and trade-up programs to keep fleets aligned with evolving technology and performance targets without over-investing in OEM contracts.

Who Benefits Most From ALLWILL-Driven Benchmarking Scenarios?

Scenario 1: Single Clinic Overloaded with Device Choices

  • Problem: A busy medspa with three treatment rooms is considering adding another multi-platform laser but is overwhelmed by conflicting vendor claims, price points, and financing offers.

  • Traditional approach: The clinic relies on short demos, peer recommendations, and attractive financing terms, leading to a purchase that later proves costly to maintain and only marginally better than existing devices.

  • After using a data-driven benchmarking solution: The clinic engages ALLWILL for a brand-agnostic, data-backed comparison that factors in technical performance, projected service costs, and utilization potential across indications.

  • Key benefits: The clinic selects a device with higher uptime, better compatibility with its case mix, and lower projected lifecycle cost, improving ROI and reducing operational surprises.

Scenario 2: Multi-Site Group Standardizing Device Fleets

  • Problem: A regional network of five clinics has acquired devices piecemeal over years, resulting in a heterogeneous fleet with varying performance and service contracts.

  • Traditional approach: Each site manages devices independently, leading to inconsistent patient experiences, unpredictable downtime, and inefficient use of capital.

  • After using a data-driven benchmarking solution: The group consolidates fleet data, benchmarks device performance across sites, and uses ALLWILL’s Smart Center and Lasermatch platform to define a standard portfolio and trade-up plan.

  • Key benefits: Reduced maintenance complexity, improved negotiation power with vendors, streamlined training across standardized platforms, and more predictable financial performance.

Scenario 3: Physician-Owner Evaluating Refurbished vs New

  • Problem: A physician is considering expanding into new modalities but is unsure whether refurbished devices can meet safety and performance expectations.

  • Traditional approach: The physician either avoids refurbished devices entirely or makes a decision based on limited information and isolated third-party offers.

  • After using a data-driven benchmarking solution: The physician reviews benchmarking data on refurbished devices processed through ALLWILL’s Smart Center, including inspection results, performance metrics, and warranty coverage.

  • Key benefits: Confident selection of refurbished devices that meet strict performance standards, access to more modalities within the same budget, and avoidance of unnecessary OEM recertification fees.

Also check:  How Are Energy-Based Aesthetic Devices Reshaping the Future of Medical Aesthetics?

Scenario 4: Practice Preparing for Sale or Investment

  • Problem: A successful aesthetic clinic is preparing for acquisition and wants to maximize valuation while minimizing due diligence friction.

  • Traditional approach: Device information is scattered, with incomplete service documentation and limited performance analytics, raising buyer concerns about hidden liabilities.

  • After using a data-driven benchmarking solution: The practice partners with ALLWILL to consolidate device documentation, benchmark performance, and identify low-value assets to retire or trade up before sale.

  • Key benefits: Stronger documentation package, higher buyer confidence, improved negotiating position, and better clarity on which devices contribute most to enterprise value.

Why Is Now the Right Time to Invest in Device Benchmarking?

Rising market growth, increasing regulatory scrutiny, and rapidly evolving technology make passive or informal device management risky in medical aesthetics. Practices that fail to implement structured benchmarking will face growing pressure from competitors that can deliver more consistent results at lower cost per treatment using data-driven fleet decisions.
In contrast, early adopters of comprehensive benchmarking tools and partners like ALLWILL can build durable advantages in safety, efficiency, and financial performance. As more devices become connected and data-rich, the gap between data-enabled and data-blind practices will widen, influencing access to financing, insurance, and partnership opportunities.

Ultimately, device benchmarking is not just about picking the “best” tool today; it is about creating a repeatable, evidence-based process for every future purchase, upgrade, and refurbishment decision. With ALLWILL’s integrated Smart Center, MET vendor management, and Lasermatch inventory platform, practitioners can embed this capability into their operations and build a long-term, scalable foundation for growth.

Are There Common Questions About Device Benchmarking in Medical Aesthetics?

Is device benchmarking only relevant for large groups?
No. Single-location clinics also benefit from benchmarking, as even one poorly chosen or underperforming device can significantly impact profitability and patient satisfaction. Data-driven decisions help smaller practices avoid costly mistakes and make better use of limited capital.

How often should device performance be benchmarked?
Most practices should perform a formal benchmarking review at least annually, with more frequent reviews when adding new modalities, expanding locations, or planning major capital investments. High-utilization devices may warrant quarterly reviews to catch performance degradation early.

Can refurbished devices meet the same benchmarks as new ones?
Yes, when processed through a rigorous facility like ALLWILL’s Smart Center, refurbished devices can meet strict technical benchmarks and often deliver better cost-effectiveness over their lifecycle. The key is standardized inspection, repair, and testing protocols, not simply age.

What data do I need to start benchmarking my devices?
At minimum, you need an accurate device inventory, usage data (number and type of treatments), basic financials (revenue, consumables, service costs), and any available service histories. Partners like ALLWILL can augment this with technical inspection data and market benchmarks.

Does device benchmarking increase regulatory burden?
In practice, structured benchmarking can simplify regulatory interactions by improving documentation and demonstrating proactive risk management. It aligns well with the direction of modern medical device regulatory frameworks, which emphasize continuous performance monitoring and quality systems.​

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        9.  DISCLAIMERS; NO OTHER WARRANTY. EXCEPT TO THE EXTENT AS PROVIDED IN SECTION 8(c)(i)(D), BUYER ACKNOWLEDGES THAT MRP IS NOT BOUND BY ANY WARRANTY THAT MAY BE SET FORTH IN A MANUFACTURER’S WRITTEN MATERIALS THAT WOULD HAVE APPLIED HAD BUYER PURCHASED THE EQUIPMENT DIRECTLY FROM THE MANUFACTURER IN ITS UNUSED STATE. BUYER ACKNOWLEDGES THAT BUYER HAS NOT RELIED UPON ANY WARRANTY OTHER THAN AS SET FORTH IN THIS AGREEMENT. IN ADDITION, BUYER ALSO HEREBY ACKNOWLEDGES AND AGREES THAT ANY ORAL OR WRITTEN STATEMENTS CONCERNING USE AND REGULATION OF MEDICAL DEVICES SOLD BY MRP ARE AND SHALL BE CONSTRUED AS FOR INFORMATIONAL PURPOSES ONLY AND WITHOUT WARRANTY OR ASSURANCE BY MRP AS TO THEIR ACCURACY OR VALIDITY. MRP ALSO HEREBY DISCLAIMS ANY AND ALL WARRANTIES REGARDING OTHER MEDICAL CARE OR HELP, INCLUDING THE SELECTION OF AESTHETIC AND MEDICAL PROCEDURES AND PRODUCTS FOR, OR CARE OF, PATIENTS. THE LIMITED WARRANTIES OF THIS AGREEMENT, IF APPLICABLE TO ANY EQUIPMENT OR SERVICE FURNISHED UNDER THIS AGREEMENT, CONSTITUTE THE ONLY WARRANTIES MADE WITH RESPECT TO THE EQUIPMENT AND/OR SERVICE AND ANY DEFECT, DEFICIENCY OR NONCONFORMITY. TO THE EXTENT PERMITTED BY LAW, SUCH WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.

        10.  LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL MRP BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES, ARISING FROM, RELATED TO OR CAUSED, DIRECTLY OR INDIRECTLY, WHETHER FORESEEABLE OR NOT, BY THE EQUIPMENT AND/OR THE SERVICES, THE USE OR INABILITY TO USE THE EQUIPMENT, THE RESULTS GENERATED FROM THE EQUIPMENT AND/OR THE SERVICES, THIS AGREEMENT, ANY OTHER ACT OR OMISSION OF MRP, OR BASED UPON ANY OTHER LEGAL THEORY. IN NO EVENT SHALL MRP BE LIABLE FOR ANY LOSSES OF REVENUE, USE, BUSINESS OPPORTUNITY, PROFIT, SAVINGS OR ANY OTHER DAMAGES DUE TO ANY CAUSE WHATSOEVER, EVEN IF MRP OR ITS AGENTS HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. THE FOREGOING IS A SEPARATE, ESSENTIAL TERM OF THIS AGREEMENT, AND SHALL BE EFFECTIVE UPON THE FAILURE OF ANY REMEDY, EXCLUSIVE OR NOT. IN NO EVENT WILL MRP’S TOTAL LIABILITY UNDER THIS AGREEMENT EXCEED THE PURCHASE PRICE ACTUALLY PAID TO MRP BY BUYER FOR THE EQUIPMENT AND/OR THE SERVICES GIVING RISE TO THE CLAIM FOR WHICH DAMAGES ARE BEING SOUGHT. NO SUIT OR ACTION MAY BE BROUGHT BY BUYER, ITS SHAREHOLDERS, DIRECTORS, MANAGERS, EMPLOYEES OR AGENTS FOR ANY BREACH OF THIS AGREEMENT MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION. IT IS AGREED THAT MRP’S LIABILITY IS SO LIMITED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BUYER ASSUMES ALL RISK AND LIABILITY FOR THE RESULTS OBTAINED BY THE USE OF ANY EQUIPMENT IN THE PRACTICE OF ANY PROCESS, WHETHER IN TERMS OF OPERATING COSTS, GENERAL EFFECTIVENESS, SUCCESS OR FAILURE, AND REGARDLESS OF ANY ORAL OR WRITTEN STATEMENTS MADE BY MRP, BY WAY OF TECHNICAL ADVICE OR OTHERWISE, RELATED TO THE USE OF THE EQUIPMENT.

        11.  BUYER’S REPRESENTATIONS AND WARRANTIES. Buyer represents and warrants to MRP that: (a) Buyer is duly organized, validly existing, and in good standing in the jurisdiction of Buyer’s formation; (b) Buyer is duly qualified to do business and is in good standing in every jurisdiction in which such qualification is required; (c) Buyer has the full right, power, and authority to enter into this Agreement and to perform Buyer’s obligations under this Agreement; (d) the execution of this Agreement by the person whose signature is set forth at the end hereof has been duly authorized by all necessary corporate action of Buyer; (e) when executed and delivered by each of MRP and Buyer, this Agreement will constitute the legal, valid and binding obligation of Buyer, enforceable against Buyer in accordance with its terms; (f) Buyer is in compliance with all applicable laws relating to this Agreement, the Equipment and the operation of Buyer’s business; (g) Buyer is not insolvent and is paying all of its debts as they become due; and (h) all financial information that Buyer has provided to MRP is true and accurate and fairly represents Buyer’s financial condition.

        12. PROPRIETARY RIGHTS.

(a) Ownership. No sale shall be construed as granting to Buyer any license or other right in, or to, any of MRP’s (i) patents; (ii) trademarks; (iii) internet domain names, whether or not trademarks, registered by any authorized private registrar or governmental authority, web addresses, web pages, websites and URLs; (iv) works of authorship, expressions, designs and design registrations, whether or not copyrightable, including copyrights and copyrightable works, software and firmware, technical data, data files, and databases and other specifications and documentation; (v) trade secrets; (vi) environmental or other testing applicable to the Equipment and/or the Services; and (vii) industrial and other intellectual property rights, and all rights, interests, and protections that are associated with, equivalent or similar to, or required for the exercise of, any of the foregoing, however arising, in each case whether registered or unregistered and including all registrations and applications for, and renewals or extensions of, such rights or forms of protection pursuant to the laws of any jurisdiction throughout in any part of the world (collectively, the “Intellectual Property Rights”).

(b) Prohibited Acts. Buyer shall not (i) take any action that might interfere with any of MRP’s rights in or to Intellectual Property Rights, including MRP’s ownership or exercise thereof; (ii) challenge any right, title, or interest of MRP in or to the Intellectual Property Rights; (iii) make any claim or take any action adverse to MRP’s ownership of the Intellectual Property Rights; (iv) register or apply for registrations, anywhere in the world, for MRP’s trademarks or any other trademark that is similar to MRP’s trademarks or that incorporates MRP’s trademarks in whole or in confusingly similar part; (v) use any mark, anywhere that is confusingly

similar to MRP’s trademarks in whole or in confusingly similar part; (vi) engage in any action that tends to disparage, dilute the value of or reflect negatively on the Equipment and/or the Services or any of MRP’s trademarks; (vii) misappropriate any of MRP’s trademarks for use as a domain name without prior written consent from MRP; or (viii) alter, obscure or remove any of MRP’s trademarks, or trademark or copyright notices or any other proprietary rights notices placed on the

Equipment, marketing materials or other materials that MRP may provide.

        13.  CONFIDENTIAL INFORMATION. Without the prior written consent of MRP,Buyer, directly or indirectly, shall not disclose (and will direct its directors, shareholders, employees and agents not to disclose) any Confidential Information. The term “Confidential Information” means any information of or relating to MRP or the Equipment and/or the Services not generally known to the public (other than as a result of disclosure in violation of this Agreement) in spoken, printed, electronic or any other form or medium, including, but not limited to, business processes, practices, methods, policies, plans, publications, documents, research, operations, services, strategies, techniques, agreements, contracts, transactions, potential transactions, know-how, trade secrets, databases, manuals, records, supplier information, financial information, accounting information, legal information, marketing information, pricing information, payroll information, personnel information, and supplier lists.

        14.  NON-SOLICITATION. Buyer agrees not to solicit or hire any personnel of MRP involved with the delivery of the Services during the provision of such Services and for twelve (12) months after the completion of such Services; provided, however, that Buyer may hire individuals employed by MRP who, without other solicitation, respond to advertisements or solicitations aimed at the general public.

        15.  EQUITABLE REMEDIES. Buyer acknowledges and agrees that (a) a breach or threatened breach by Buyer of any of its obligations under Sections 13 or 14 would give rise to irreparable harm to MRP for which monetary damages would not be an adequate remedy and (b) in the event of a breach or a threatened breach by Buyer of any such obligations, MRP shall, in addition to any and all other rights and remedies that may be available to MRP at law, at equity, or otherwise in respect of such breach, be entitled to equitable relief, including a temporary restraining order, an injunction, specific performance, and any other relief that may be available from a court of competent jurisdiction, without any requirement to post a bond or other security, and without any requirement to prove actual damages or that monetary damages will not afford an adequate remedy. Buyer agrees that Buyer will not oppose or otherwise challenge the appropriateness of equitable relief or the entry by a court of competent jurisdiction of an order granting equitable relief, in either case, consistent with the terms of this Section 15.

        16.  INDEMNIFICATION. Buyer agrees to indemnify, defend and hold harmless MRP and its directors, shareholders, employees and agents (collectively, “MRP Indemnitees”) against any liability, damage, loss or expense incurred by or imposed in connection with any claims, suits, actions, demands or judgments arising out of (a) any breach or non-fulfillment of any representation, warranty or covenant set forth in this Agreement by Buyer or its directors, managers, employees or agents (collectively, “Buyer’s Agents”); (b) any negligent act or omission or willful misconduct of Buyer or Buyer’s Agents in connection with this Agreement; (c) any bodily injury, death of any person or damage to real or tangible personal property caused by Buyer or Buyer’s Agents, including the use of unauthorized parts in or service of the Equipment; (d) any failure by Buyer or Buyer’s Agents to comply with any applicable laws; (e) any fraud or other intentional acts by Buyer or Buyer’s Agents; and (f) the use or operation of the Equipment, including, without limitation, any medical and/or surgical procedures performed by Buyer, and any of Buyer’s Agents, using the Equipment unless said damages are determined by a court of competence jurisdiction to be solely by the gross negligence of MRP or solely as result of a breach by MRP of the limited warranties contained herein.

        17.  DEFAULTS; REMEDIES. Notwithstanding anything herein to the contrary, should Buyer fail to pay for the order or any other amount, in whole or in part, when due or perform its other obligations under this Agreement or as otherwise mutually agreed in writing between Buyer and MRP (each, a “Default”), then MRP may take any and all actions available under law or equity to collect said amounts with a ten (10) day prior written notice, including, but not limited to, enforcing its security interest, accelerating the payment of and declaring immediately due and payable any unpaid balance of the order, referral to outside collection agencies and/or commencement of legal action. MRP’s rights shall be cumulative, and it shall not be required to have attempted to realize upon to the Equipment before taking any other collection actions. MRP may require that Buyer assemble and return any or all of the Equipment to MRP and, in the event Buyer fails to return such Equipment peaceably, enter upon the premises where such Equipment is located, with or without legal process, and repossess such Equipment. Upon a Default, Buyer agrees to pay upon MRP’s demand: (i) all costs and expenses incurred by MRP or its assignee in connection with the enforcement of any remedies, including all expenses incurred in connection with the return, sale, release or other disposition of the Equipment, including attorneys’ fees and other costs incurred by MRP or its assignee in enforcing or defending its rights and remedies under this Agreement and any other written agreement between Buyer and MRP.

        18.  COMPLIANCE WITH LAWS. Buyer shall (a) carry out the transactions contemplated by this sale and deal with the Equipment in conformity with all applicable laws, rules and regulations of all government authorities, including, without limitation, export laws, (b) obtain all permits and licenses required in connection with the purchase, shipment, installation or use of the Equipment, and (c) be solely responsible to fully understand and comply with laws, rules and regulations. Any information provided is as a convenience only.

        19.  FURTHER ASSURANCES. Upon MRP’s reasonable request, Buyer shall, at its sole cost and expense, execute and deliver all such further documents and instruments, and take all such further acts, necessary to give full effect to this Agreement.

        20.  ASSIGNMENT; SUCCESSORS AND ASSIGNS. Buyer cannot delegate any duties nor assign any rights or claims under this Agreement without MRP’s prior written consent, and any such attempt or assignment shall be void. In the event that Buyer finances its acquisition of any Equipment with a third party, Buyer may direct MRP to transfer title of such Equipment to such third-party financing company, with all remaining terms and conditions of this Agreement remaining in full force and effect. This Agreement is binding on and inures to the benefit of the parties to this Agreement and their respective permitted successors and permitted assigns.

        21.  NO THIRD-PARTY BENEFICIARIES. Subject to Section 16, this Agreement benefits solely the parties to this Agreement and their respective permitted successors and assigns, and nothing in this Agreement, express or implied, confers on any other person any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.

        22.  GOVERNING LAW; VENUE. The application of the UN Convention on Contracts for the International Sale of Goods is expressly excluded. The parties agree that any and all claims, demands, disagreements, controversies or disputes arising out of or relating to this Agreement and any agreement or document delivered in connection herewith (collectively, “Claims”) shall be governed by and construed in accordance with the laws of the State of Utah and adjudicated exclusively in the state and federal courts located in or nearest to Summit County, Utah, which courts shall have the sole and exclusive jurisdiction and venue for adjudication of all Claims. The parties hereby agree upon, consent and stipulate to the jurisdiction and venue of the aforementioned courts for the adjudication of all Claims, to the exclusion of all other courts, forums and venues whatsoever.

        23.  NON-DISPARAGEMENT. Buyer shall not disparage MRP or MRP’s trademarks, websites, products or services, or display any such items in a derogatory or negative manner on any website or in any public forum or press release.

        24.  NOTICES. Any notice, demand, or communication required, permitted or desired to be given hereunder shall be deemed effectively given when personally delivered, when sent by electronic means, when received by overnight courier, or when mailed by prepaid, certified or registered mail, return receipt requested, addressed to the other party at its address set forth on the Quote or to such other address that the receiving party may designate from time to time in accordance with this Section 25.

        25.  PUBLIC ANNOUNCEMENTS. Unless otherwise stated herein, neither party shall issue a press release or otherwise advertise, make a public statement or disclose to any third-party information pertaining to the relationship arising under this Agreement, the existence or terms of this Agreement, the underlying transactions between MRP and Buyer or agent for Buyer or refer to the other party in relation to this Agreement without the other party’s prior written approval.

        26.  ENTIRE AGREEMENT; ADDITIONAL OR INCONSISTENT TERMS. Subject to Section 32, this Agreement constitutes the sole and entire agreement between the parties hereto relating to the subject matter hereof, and any unincorporated representation, affirmation of fact, course of prior dealings, promise or condition in connection therewith, or usage of the trade, shall not be binding on either party. Terms and conditions set forth which differ from, conflict with or are not included in this Agreement shall not be part of any agreement between MRP and Buyer unless both parties specifically accept such terms and conditions in writing.

        27.  WAIVER. No waiver under this Agreement is effective unless it is in writing and signed by the party waiving its right. Any waiver authorized on one occasion is effective only in that instance and only for the purpose stated and does not operate as a waiver on any future occasion. None of the following constitutes a waiver or estoppel of any right, remedy, power, privilege or condition arising from this Agreement: any failure or delay in exercising any right, remedy, power or privilege or in enforcing any condition under this Agreement; or any act, omission or course of dealing between the parties.

        28.  SURVIVAL. Subject to the limitations and other provisions of this Agreement, the representations and warranties of Buyer contained herein shall survive the expiration or earlier termination of this Agreement for a period of twelve (12) months after such expiration o termination and (b) this Section 29 and Sections 10, 12, 13, 14, 15, 16, 17, 21, 22, 23, 24, 26, and 32 of this Agreement, as well as any other provision that, in order to give proper effect to its intent, should survive such expiration or termination, shall survive the expiration or earlier termination of this Agreement. All other provisions of this Agreement shall not survive the expiration or earlier termination of this Agreement.

        29.  RELATIONSHIP OF PARTIES. Nothing in this Agreement creates any agency, joint venture, partnership or other form of joint enterprise, employment or fiduciary relationship between the parties. Neither party has any express or implied right or authority to assume or create any obligations on behalf of or in the name of the other party or to bind the other party to any contract, agreement or undertaking with any third party.

        30.  HEADINGS. The headings in this Agreement are for reference only and do not affect the interpretation of this Agreement.

        31.  ORDER OF PRECEDENCE. In the event of conflict between the Quote, a written agreement by MRP, and these Terms, the order of priority shall be: (1) the written

agreement by MRP, if only if executed by an MRP Officer, (2) the Quote and (3) these Terms, and only to the extent of the direct conflict. Notwithstanding the foregoing, MRP shall not be bound by, and specifically objects to, any terms, conditions or other provisions, both written and oral, which are different from, in addition to or inconsistent with the provisions of this Agreement which are set forth in any purchase order, receipt, acceptance, confirmation, correspondence or otherwise of, or by, Buyer. Fulfillment of Buyer’s order shall not constitute acceptance of any of Buyer’s terms and conditions and does not serve to modify or amend the terms and conditions contained herein.

        32.  SEVERABILITY. If any part of this Agreement is held to be void, illegal or unenforceable, then it shall be deemed to be severed from this Agreement and the remaining provisions shall continue in full force and effect; provided, however, that if any fundamental term or provision of this Agreement is held to be void, illegal or unenforceable, the remainder of this Agreement shall be unenforceable. Upon a determination that any term or provision is void, illegal or unenforceable, the parties shall negotiate in good faith to modify this Agreement to effect the original intent of the parties as closely as possible in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.