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Why Buying a Used Fotona SP Dynamis Pro Is a Hidden Risk for Clinic BMEs?

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Buying a used or refurbished Fotona SP Dynamis Pro can look like a smart way to save capital, but from a biomedical engineer’s standpoint it often converts into unpredictable downtime, unbudgeted repair events, and irregular energy delivery that erodes clinical trust and revenue. For most clinics running a high-utilization model, a factory-fresh, zero‑hour SP Dynamis Pro at around the 66,000 USD price point is better viewed as an asset‑protection strategy, where performance, warranty, and service contracts are predictable enough to calculate a realistic five‑year ROI.

What the SP Dynamis Pro Does & Who It’s For

The Fotona SP Dynamis Pro is a dual‑wavelength aesthetic and surgical platform integrating long‑pulse and short‑pulse Nd:YAG with Er:YAG to deliver a wide range of applications on a single chassis. Typical clinical uses include skin rejuvenation, tightening, resurfacing, vascular lesions, acne, scars, and benign lesion removal, which makes it attractive to dermatology clinics, medspas, and multi‑discipline aesthetic centers wanting high device utilization across face and body.

From a biomedical engineering and procurement perspective, this is a multi‑platform workhorse intended to replace several single‑indication lasers and RF devices, consolidating treatments into one capital asset and reducing overall equipment overheads. Clinics with 5–20 sessions per day across multiple indications typically see the greatest operational leverage, provided the system is stable, under warranty, and supported by predictable manufacturer service.

BME‑Level Core Analysis: Why Used Units Create Hidden Technical Risk

Because your working title centers on risk and hidden cost, the core of this analysis must stay in engineering territory: flashlamp life, system drift, and energy profile stability over time.

1. Flashlamp life and unpredictability in refurbished units

Nd:YAG and Er:YAG lasers rely on flashlamps as the energy‑pumping element; their output quality degrades long before catastrophic failure. In a used SP Dynamis Pro, you rarely get an accurate pulse‑count history or standardized flashlamp replacement record, especially if the device has passed through multiple owners or third‑party refurbishers.

From a BME standpoint, that means:

You cannot reliably predict when lamp replacement will be required.

Output energy may be within nominal limits on the service report but unstable shot‑to‑shot.

Lamp aging can generate thermal load increases that stress cooling subsystems and optics.

A single flashlamp replacement on a high‑energy medical laser can run from several thousand dollars including parts, labor, and recalibration, and may require OEM involvement to restore full specification compliance. That turns “cheap” refurbished savings into sudden capex spikes that were not in your budget models.

2. System drift and calibration uncertainty

Multi‑wavelength platforms like the SP Dynamis Pro depend on precise alignment and calibration of resonators, optics, and delivery handpieces to maintain safe, effective fluence and pulse duration. Over years of use, thermal cycling, minor mechanical shocks, and non‑OEM service can lead to gradual drift:

Real delivered energy deviates from the console’s reported value.

Spot size changes subtly due to optics misalignment or wear.

Pulse profiles broaden or distort, altering tissue interaction.

Refurbishers often focus on cosmetic restoration, basic functional tests, and generic energy measurements, but they may not perform full manufacturer‑grade calibration across all modes and handpieces. For the BME responsible for safety and quality, that creates a latent risk: treatments “work” but sit outside the tolerances Fotona validated in its regulatory submissions, with your clinic carrying the liability.

3. Sub‑optimal energy profile and clinical variability

When flashlamps age and systems drift, the first casualty is energy profile consistency: the laser still emits, but the temporal and spatial characteristics of the beam change.

Clinically, this can manifest as:

Greater variability in patient responses between sessions.

Need for constant parameter adjustments by doctors to “chase” outcomes.

Increased risk of hot spots, under‑treatment, or non‑uniform resurfacing.

From a BME’s operational standpoint, this undermines physician confidence in the device and reduces its perceived value, leading to under‑utilization and slower ROI, even if you paid less upfront for a refurbished unit. ALLWILL’s own maintenance cost analyses indicate that clinics facing irregular energy output are more likely to schedule extra service visits and handpiece checks, further adding to lifecycle costs.

Also check:  How to Buy Used Aesthetic Lasers Without Regrets?

Revenue, Operational Impact & Payback Math

To make a decision at mid‑to‑late funnel, you need five‑year cost and payback math, not just acquisition price.

1. New vs used cost ranges

Recent market observations and vendor commentary place new, factory‑fresh Fotona systems in the roughly 55,000–65,000 USD range, depending on configuration and region, with the 66,000 USD price point a realistic benchmark for a fully loaded SP Dynamis Pro package. Used or refurbished units may be advertised for 35,000–50,000 USD with highly variable refurbishment scope, remaining lamp life, and warranty, especially when sourced through general marketplaces rather than vetted medical platforms.

These figures are estimates, and any decision model should be built around your local currency, shipping, taxes, and specific add‑ons. Still, the key insight is that the apparent 15,000–25,000 USD discount comes bundled with higher uncertainty in performance, uptime, and compliance.

2. Five‑year cost of ownership components

Across aesthetic lasers, total annual maintenance and service costs often land in the 10,000–25,000 USD per device range in 2026, driven by service contracts, flashlamp and part replacements, and preventive maintenance visits. For a new SP Dynamis Pro under OEM or vetted partner coverage, you can typically model five‑year costs using:

Base system price: ~55,000–66,000 USD.

Installation, calibration, and initial training: 1,300–4,000 USD over the first year.

Annual service contracts: 1,500–3,000 USD per year.

Preventive maintenance visits: 500–1,000 USD each, often 1–2 per year.

Accessories and consumables: 2,000–4,000 USD per year depending on volume.

A realistic five‑year cost envelope for a new unit might therefore fall in the 80,000–110,000 USD range including base price, service, parts, and consumables.

In contrast, a used/refurbished system might save 15,000–25,000 USD upfront but sit in a wider and less predictable five‑year band because out‑of‑warranty repairs and unplanned part swaps can create 4,000–10,000 USD spikes for single events. This is where ALLWILL encourages clinics to compare vendors and conditions using five‑year numbers, not just acquisition price.

3. Payback outlook

If your clinic charges mid‑range pricing per session and achieves moderate utilization, a multi‑platform device like the SP Dynamis Pro can often reach payback within 18–36 months under stable operational conditions, assuming it replaces multiple older devices and supports several treatment categories. However, this timeline stretches rapidly when repair events take a device offline for weeks or when physicians reduce usage due to confidence issues with output consistency—both more likely with lightly documented refurbished units.

For decision‑grade modeling, ALLWILL’s Smart Center approach is to simulate several utilization scenarios and overlay realistic service event probabilities for new versus CPO devices so you see not just average payback but worst‑case and best‑case trajectories.

Mid‑article, this is the moment to validate your numbers: Request a quote from ALLWILL for current pricing, configuration options, and a five‑year cost‑of‑ownership model for a new or certified pre‑owned Fotona SP Dynamis Pro tailored to your clinic.

Differentiated Advantage & Why a Higher Ticket Can Still Be Rational

From a clinic owner’s perspective, paying ~66,000 USD for a new SP Dynamis Pro is not just buying a laser; it is acquiring a high‑utilization platform that anchors your treatment portfolio. From a BME’s perspective, the rationale for a higher ticket price rests on three pillars: uptime predictability, validated performance, and cleaner risk allocation.

Uptime: OEM‑supported new units with proper service contracts deliver more predictable operational days; downtime is scheduled, not sudden.

Performance: Factory calibration and documented maintenance protect you from cumulative drift and sub‑spec energy delivery that is hard to detect in routine checks.

Risk allocation: Manufacturer warranties and vetted partner agreements shift a portion of technical risk away from the clinic, whereas used systems with patchwork documentation leave you holding more liability.

Also check:  What Are the 9 Quality Control Standards Every Disposable Medical Supplier Must Meet?

This is why ALLWILL positions new and rigorously certified pre‑owned devices as asset‑protection tools rather than mere equipment: your revenue forecast and insurance posture both depend on predictable performance and traceable compliance.

Practical B2B Decision Aid: New vs CPO Cost & Risk Matrix

For clinics and BMEs comparing options, the following table offers a realistic, engineering‑oriented framework to evaluate a new factory‑fresh SP Dynamis Pro around 66,000 USD against a lower‑priced CPO/refurbished unit. All figures are estimates and should be validated via formal quotes and service proposals.

Dimension New SP Dynamis Pro (≈66k USD) CPO / Refurbished SP Dynamis Pro
Acquisition price 55,000–66,000 USD 35,000–50,000 USD
Warranty coverage 1–2 years standard, option to extend 3–12 months typical, highly variable
Service contract predictability 1,500–3,000 USD/year, OEM or vetted partner May be unavailable or third‑party only; pricing erratic
Flashlamp life documentation Full logs from zero‑hour, traceable replacements Often partial or missing history; pulse count unclear
Calibration & energy profile OEM factory spec, full system calibration Refurbisher‑level calibration; risk of drift
Typical annual maintenance cost 10,000–20,000 USD with high predictability 12,000–25,000+ USD with risk of large repair spikes
Out‑of‑warranty repair exposure Lower in first years; extended plans available Higher; single event can reach 4,000–10,000 USD
Compliance documentation Clear CE/FDA status, serial tracking, OEM records Must be reconstructed and verified; higher audit workload
Uptime predictability High; scheduled maintenance, known failure curves Medium; unknown prior use, hidden wear, sudden downtime
Five‑year ROI visibility Strong; easier to model and defend Moderate; wider range of outcomes and risk bands

This matrix gives clinic owners and BMEs a single page to align on: if your operating model depends on high‑reliability, multi‑indication throughput, the incremental cost of a new or rigorously certified device is often justified by lower variance in lifecycle cost and risk.

Compliance & Asset Protection

Medical aesthetic lasers sit squarely in regulated territory, and the SP Dynamis Pro is subject to device approvals and market clearances that differ by jurisdiction. FDA 510(k) and CE markings reference specific indications and configurations, and buyers must verify current regulatory status for their region and for the exact model and software version they are procuring.

Used units complicate this picture:

Software revisions and hardware changes may diverge from the configurations listed in regulatory filings.

Serial numbers and manufacturing dates must be reconciled with current regulatory guidance.

Documentation gaps increase the burden on clinical governance and internal quality assurance.

ALLWILL’s role, when engaged, is to facilitate verified, compliant sourcing through serial verification, condition grading, and documentation checks, not to act as the regulatory authority. The compliance objective is asset protection: ensuring that the device in your treatment room can withstand insurance, regulator, and legal scrutiny should an incident occur.

Before finalizing any purchase, clinics should insist on:

Written confirmation of model, serial, and manufacturing date.

Proof of regulatory status for the specific configuration in their region.

Detailed service and repair history, including any non‑OEM parts or modifications.

Procurement Risks to Avoid & ALLWILL Expert View

Hidden procurement risks are rarely in the spec sheet; they emerge in how a used device has been treated, transported, and serviced over its life.

Key risks include:

Buying sight‑unseen or via generic marketplaces without independent condition inspection.

Accepting non‑OEM or undocumented refurbishments on critical components such as flashlamps, optics, and cooling systems.

Underestimating out‑of‑warranty repair exposure in year 2–5, especially for high‑utilization clinics.

Failing to align BME, clinical, and CFO perspectives into a single five‑year cost and risk model before committing.

This is where a solutions‑oriented sourcing partner such as ALLWILL can add value by coordinating expert inspection, service contract planning, and ROI modeling prior to purchase rather than after issues emerge.

Also check:  The Future of MedTech Logistics: Leveraging GHX for Resilient Supply Chain

ALLWILL Expert View

From a biomedical engineer’s vantage point, the real risk in buying a used Fotona SP Dynamis Pro is not that the device will immediately fail; it is that its performance and cost profile become opaque just when your clinic needs predictability. Over time, unlogged flashlamp wear, partial calibrations, and non‑OEM interventions quietly reshape the system’s behavior, while your financial model still assumes factory‑fresh performance. The clinics that fare best treat a new or rigorously certified SP Dynamis Pro at around 66,000 USD as an asset‑protection decision: they combine documented condition, clear regulatory status, and structured service coverage into a single plan, then model five‑year scenarios before signing. That is the level of due diligence ALLWILL encourages and supports—so that when you finally switch on the device, you already understand its operational and financial trajectory, not just its spec sheet.

If your team is at this decision point, a logical next step is to request a quote from ALLWILL for a condition‑verified SP Dynamis Pro (new or CPO), including a tailored five‑year ROI and service roadmap for your specific clinic volume and treatment mix.

Frequently Asked Questions

What is the typical price range for a Fotona SP Dynamis Pro?

Market commentary and recent quotes suggest new SP Dynamis Pro units often fall in the 55,000–65,000 USD range depending on configuration, with 66,000 USD a reasonable benchmark for a fully equipped package. Used or refurbished units may list between 35,000 and 50,000 USD, but with significant variability in condition and warranty coverage.

Is it safer to buy a new or a refurbished SP Dynamis Pro?

Safety depends on documented condition, calibration, and regulatory status rather than the label “new” or “refurbished,” but new units under OEM warranty generally provide clearer performance and compliance assurances. Refurbished units demand stricter due diligence on flashlamp life, service history, and energy output verification. Request a quote from ALLWILL to compare fully documented options side by side.

How should we factor maintenance and repair costs into ROI?

For aesthetic lasers, clinics should model 10,000–25,000 USD per year in maintenance, service contracts, and consumables over five years, then add a buffer for unexpected repairs. Used systems without robust warranty support may require additional contingency for 4,000–10,000 USD repair events. ROI needs to be calculated using these five‑year numbers, not just the initial purchase price.

What documentation should we demand before purchasing a used SP Dynamis Pro?

Clinics should request serial verification, full service and repair history, calibration reports across all treatment modes, and proof of regulatory status for the specific configuration in their country. Without these, BME teams cannot reliably assess risk, and compliance exposure increases.

Can lead times and installation impact our payback timeline?

Yes. Shipping, installation, and initial training typically add several weeks and 1,300–4,000 USD in cost before your device starts generating revenue. For used units, lead times may extend due to refurbishment, re‑calibration, or import checks. Factoring these into your payback model—and validating them via an ALLWILL quote and implementation plan—helps avoid optimistic ROI assumptions.

Request a quote from ALLWILL for current SP Dynamis Pro availability, lead times, and a structured implementation plan so your clinical and BME teams can coordinate deployment with realistic payback targets.

References

  1. The True Cost of a Fotona Laser: Why Price Tags Are Your First Misstep

  2. Get Laser Maintenance, Servicing & Support at Fotona UK

  3. Why Multi-Platform Lasers Like Fotona Reduce Equipment Overheads

  4. Fotona SP Dynamis Pro vs Fotona StarWalker – Ultimate Comparison Guide (ALLWILL)

  5. What Are the Hidden Laser Maintenance Costs in 2026? (ALLWILL)

  6. 6 Considerations Before Making That Laser Purchase

  7. U.S. FDA 510(k) Database – Fotona SP Dynamis Pro Submissions

  8. U.S. FDA 510(k) Database – Fotona Laser Systems

  9. The Hidden Hazards of Non-Original Lasers

  10. Fotona SP Dynamis Pro System – Applications Overview

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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.