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What Is the ULTHERA DS 7-3.0 Transducer for Jawline Tightening?

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The ULTHERA DS 7-3.0 transducer delivers microfocused ultrasound energy at a 3.0mm focal depth to compact loose dermal tissue along the lower jaw, creating a sharper side profile through targeted collagen remodeling. It is FDA-cleared for non-invasive lifting of the brow, submentum, and neck, with clinical studies showing 58–65% of patients experience visible improvement in jawline definition and submental laxity within 90 days.

What does the ULTHERA DS 7-3.0 transducer do and who is it for?

The DS 7-3.0 transducer targets the deep reticular dermis and fibrous septae at 3.0mm depth to stimulate neocollagenesis without disrupting the epidermis, making it ideal for patients with mild-to-moderate lower-face laxity seeking non-surgical jawline definition.

This 7 MHz transducer operates at an intermediate depth between the superficial 1.5mm tip (for fine lines and periorbital areas) and the deep 4.5mm SMAS-focused tip. It is specifically engineered for dermal compaction — heating the collagen-rich reticular dermis to create microthermal coagulation points that trigger the body’s natural wound-healing response. The result is gradual tissue tightening and improved jawline contour over 2–6 months.

The device is best suited for:

  • Patients with BMI under 30 (clinical data shows reduced efficacy in higher BMI ranges due to thicker subcutaneous fat layers)
  • Individuals seeking lower-face contouring without downtime or surgical intervention
  • Clinic owners offering premium non-invasive lifting services to differentiate from RF or laser-only competitors
  • Dermatologists and medspa operators treating submental laxity, marionette folds, and early jowling

Blinded reviewer assessments in pivotal studies found 58.1% of patients showed measurable improvement in skin laxity at 90 days, with 65.6% of patients self-reporting visible tightening in the lower face and neck. Results typically last 12–18 months, with some patients maintaining effects up to 2 years when combined with annual maintenance.

How does 3.0mm dermal contouring work for jawline tightening?

The 3.0mm focal depth heats the reticular dermis and fibrous septae to approximately 60–70°C, creating precise 1mm³ microthermal lesions that trigger collagen contraction and new collagen synthesis over 2–6 months.

Unlike superficial energy devices that only address epidermal texture, the DS 7-3.0 penetrates deep enough to reach the structural collagen network responsible for skin firmness. The ultrasound energy is delivered in focused beams that bypass the epidermis entirely, concentrating thermal energy at the 3.0mm depth while leaving the surface intact. This microfocused ultrasound with visualization (MFU-V) technology allows practitioners to see tissue layers in real time and confirm proper acoustic coupling before firing.

The mechanism unfolds in three phases:

  • Immediate collagen contraction: Heat causes existing collagen fibers to tighten within days
  • Inflammatory remodeling phase: Over weeks 2–8, the body clears damaged collagen and initiates fibroblast activity
  • Neocollagenesis peak: Months 3–6 show maximum new collagen deposition, resulting in visible lifting and contouring

Clinical consensus recommends 800–1,200 total treatment lines for full-face and neck protocols, with the 3.0mm transducer typically delivering 310–360 lines in the lower face and submental regions. Energy settings range from 0.35–0.45 J for the 7 MHz/3.0mm tip, adjusted based on patient tolerance and tissue thickness.

Why is the 3.0mm green tip placement critical for lower face contouring?

Proper placement of the 3.0mm transducer ensures energy is delivered to the fibrous septae and reticular dermis where collagen density is highest, avoiding superficial overheating or deep SMAS over-treatment that could reduce efficacy or increase discomfort.

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The green treat line displayed on the ultrasound image serves as a visual guide for practitioners to align treatment vectors parallel to the jawline and submental border. Correct positioning requires:

  • Firm, uniform pressure to ensure acoustic coupling between the transducer window and skin surface
  • Real-time imaging confirmation that the focal point sits within the mid-to-deep reticular dermis (not too shallow to cause epidermal injury, not too deep to miss the target layer)
  • 2–3mm lateral spacing between treatment lines to allow thermal coagulation zones to merge without gaps

For jawline tightening specifically, treatment vectors are typically oriented vertically along the mandibular border, with 15 lines per cheek as a baseline. The submental area receives additional passes to address laxity under the chin. Ultrasound gel is applied thinly and evenly to maintain coupling; inadequate gel can cause energy reflection and reduce treatment efficacy.

Manufacturers emphasize that the 3.0mm depth is particularly effective for compacting loose dermal tissue rather than lifting deep structural layers (which is the role of the 4.5mm SMAS transducer). This makes it ideal for patients with early-to-moderate skin laxity who do not yet require deep structural lifting.

Which clinical outcomes can clinics expect from 3.0mm ultrasound jawline treatments?

Peer-reviewed studies report 58–65% of patients achieve measurable improvement in jawline definition and submental laxity at 90 days, with 85–93% patient satisfaction at 6 months maintained through 1 year.

Long-term data from systematic reviews shows:

  • Brow lift: Average 1.7–1.9mm elevation at 90 days in 86% of patients
  • Jawline definition: 73% of patients rated as “much improved” at 2 months in targeted assessments
  • Submental tightening: 69% of patients maintained visible lift at 3 months post-treatment
  • Durability: Results persist 12–18 months on average, with some patients reporting effects up to 2 years with Prime generation devices

Patient-reported outcomes are consistently strong: 65.6% of patients perceived improvement in lower-face skin laxity at day 90, and satisfaction scores of 3 or higher (on a standard scale) were maintained at 3 and 6 months, particularly in the jawline and submental areas.

Importantly, BMI is a significant predictor of outcomes. Patients with BMI over 30 showed no detectable change in 54.5% of cases, while only 12.2% of patients with BMI under 30 had no improvement. This underscores the importance of patient selection and setting realistic expectations during consultation.

How does 3.0mm dermal tightening compare to 4.5mm SMAS lifting protocols?

The 3.0mm transducer targets the reticular dermis for dermal compaction and contouring, while the 4.5mm transducer reaches the SMAS and platysma for structural lifting — they are complementary, not interchangeable, and often used together in dual-depth protocols.

Feature 3.0mm (DS 7-3.0) 4.5mm (DS 4-4.5 or DS 7-4.5)
Target depth Deep reticular dermis, fibrous septae SMAS, platysma, deep subcutaneous tissue
Primary effect Dermal compaction, skin tightening, jawline contouring Structural lifting, brow elevation, submental lift
Frequency 7 MHz 4 MHz or 7 MHz (narrow)
Energy range 0.35–0.45 J 0.8–1.2 J (higher for deeper penetration)
Best for Mild-to-moderate laxity, early jowling, dermal thinning Moderate-to-severe laxity, significant sagging, deep structural support
Typical lines 310–360 per lower-face protocol 360–400 per lower-face protocol
Pain level Moderate (less than 4.5mm) Higher (often requires nerve blocks or oral analgesia)
FDA clearance Included in full Ultherapy system clearance for brow, neck, submentum Same — both depths are part of the cleared protocol
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Dual-depth protocols (combining 3.0mm and 4.5mm) are increasingly common for comprehensive lower-face rejuvenation. One study found 58.1% of patients receiving multiple passes at both depths showed improved cheek, submental laxity, and jawline definition at 90 days. Custom protocols based on real-time ultrasound imaging allow practitioners to adjust depth based on individual SMAS and platysma anatomy, optimizing outcomes.

What is the total cost of ownership for a ULTHERA DS 7-3.0 transducer in a clinic setting?

New DS 7-3.0 transducers typically range from $2,500–$3,500 per unit with 2,400 lines, while certified pre-owned (CPO) or expiring units can be sourced for $1,100–$1,800 depending on remaining line count and warranty status.

Total cost of ownership extends beyond the transducer purchase price. Clinics must factor in:

  • Per-line cost economics: At $2,500 for 2,400 lines, the cost per line is approximately $1.04. A typical lower-face protocol uses 310–360 lines, translating to $320–$375 in transducer cost per treatment.
  • Treatment pricing: Clinics commonly charge $1,500–$3,500 per full-face Ultherapy session, with lower-face-only protocols priced at $800–$1,500 depending on market and device generation.
  • Break-even math: Assuming $1,200 per lower-face treatment and $350 in transducer costs, gross margin per treatment is approximately $850. A single transducer can support 6–7 lower-face-only treatments before depletion.
  • CPO vs. new: Certified pre-owned transducers with 1,200–1,800 remaining lines can reduce upfront capital by 40–60%, but buyers must verify line count accuracy, expiration date, and warranty transferability.

ALLWILL Expert View: “When sourcing DS 7-3.0 transducers, prioritize units with verified line counts and factory-sealed packaging. Expiring transducers (6–12 months remaining) can offer exceptional value for high-volume clinics, but only if you can deploy them quickly. ALLWILL’s Smart Center provides condition reports and line-count verification for CPO units, reducing the risk of purchasing near-expiry inventory. For new clinics, consider starting with a mixed approach: one new transducer for warranty peace of mind, and one CPO unit for cost-effective volume scaling.”

ALLWILL supports clinics through vetted sourcing of both new and CPO transducers, offering warranty-backed units and global logistics for practices in North America, Europe, and Asia-Pacific markets.

What compliance and asset-protection steps should buyers take before purchasing?

Buyers must verify FDA 510(k) clearance status for their specific device generation, confirm transducer authenticity via serial number validation with the manufacturer, and obtain written warranty terms covering both the transducer and console compatibility.

Key compliance and protection steps:

  • Regulatory verification: Ultherapy is FDA-cleared for non-invasive lifting of the brow, submentum, and neck, and for improving décolletage wrinkles. Ensure the device you purchase carries current clearance for your region — import regulations vary by country, and some markets require local registration.
  • Authenticity checks: Counterfeit transducers exist in the secondary market. Verify serial numbers with the manufacturer or authorized distributors before payment. Request original purchase invoices and import documentation for CPO units.
  • Warranty clarity: New transducers typically carry 12–24 month warranties from the manufacturer. CPO units may have limited or no warranty unless sourced through a certified refurbisher. ALLWILL provides warranty-backed CPO options with condition grading and inspection summaries.
  • Console compatibility: Ensure the transducer is compatible with your Ultherapy console generation (Prime, DeepSEE, or legacy). Mismatched firmware or hardware can result in error codes or reduced functionality.
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For cross-border purchases, confirm incoterms (e.g., DDP vs. FOB), customs duties, and any required import licenses for medical devices. ALLWILL facilitates compliant global sourcing with full documentation and regulatory support.

What procurement risks should clinics avoid when sourcing ULTHERA transducers?

Clinics should avoid purchasing transducers without verified line counts, expiration dates, or warranty terms — these are the three most common sources of financial loss and operational downtime in the secondary market.

High-risk scenarios to avoid:

  • Expiring inventory without disclosure: Some sellers do not prominently display expiration dates. A transducer expiring in 3 months may have significantly reduced resale value and limited treatment capacity.
  • Unverified line counts: Refurbished or “recharged” transducers may have inaccurate line counters. Always request a screenshot or video of the device displaying remaining lines before purchase.
  • No warranty or return policy: CPO transducers without warranty leave clinics vulnerable to manufacturing defects. ALLWILL’s CPO program includes condition reports and warranty options to mitigate this risk.
  • Gray-market imports: Devices imported without manufacturer authorization may lack local regulatory clearance, void console warranties, or be incompatible with regional firmware updates.

Mid-article CTA: Request a quote from ALLWILL for current pricing and availability on ULTHERA DS 7-3.0 transducers, including condition reports for CPO units and warranty options for new inventory.

Frequently Asked Questions

What is the price range for a ULTHERA DS 7-3.0 transducer?
New units typically cost $2,500–$3,500 for 2,400 lines, while certified pre-owned or expiring units range from $1,100–$1,800 depending on remaining line count and warranty. Request a quote from ALLWILL for current availability and condition reports.

Is the 3.0mm transducer FDA-cleared for jawline tightening?
The Ultherapy system as a whole is FDA-cleared for non-invasive lifting of the brow, submentum, and neck, which includes jawline contouring as part of the lower-face protocol. The 3.0mm depth is an integral component of the cleared treatment.

How many treatment lines does a typical lower-face protocol require?
A standard lower-face and submental protocol uses 310–360 lines with the 3.0mm transducer, often combined with 360 lines from the 4.5mm transducer in dual-depth protocols. Total full-face treatments average 800–1,200 lines.

What is the difference between new and CPO transducers?
New transducers come factory-sealed with full manufacturer warranty and 2,400 lines. CPO units are inspected, verified for line count, and may carry limited warranty — ideal for cost-conscious clinics willing to accept slightly shorter remaining shelf life.

How long do results from 3.0mm dermal tightening last?
Clinical studies show results typically last 12–18 months, with some patients maintaining effects up to 2 years. Annual maintenance treatments are common to sustain optimal contouring.

References

  1. Microfocused Ultrasound With Visualization in Skin Quality
  2. Use of Micro-focused Ultrasound for Skin Tightening of Mid and Lower Face
  3. Evaluation of a Microfocused Ultrasound System for Improving Skin Laxity
  4. Ultrasound Therapy for Sagging Skin – Mayo Clinic
  5. A Systematic Review of the Clinical Efficacy of Micro-Focused Ultrasound
  6. Systematic Review of High-Intensity Focused Ultrasound in Aesthetics
  7. A Review of Skin-tightening Energy Technologies – PMC
  8. Non-Surgical Skin Tightening – Cleveland Clinic
  9. Lasers and ultrasound in Aesthetic medicine – 2026 Review
  10. Ultherapy Toronto – DeepSEE Imaging Protocol
  11. Instructions for Use – Ulthera System
  12. Ultherapy vs HIFU: A Dermatologist’s Honest Comparison
  13. Ulthera
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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.