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Why Use the Ulthera DS 7-3.0 for Décolletage Repair?

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The Ulthera DS 7-3.0 transducer is used for focused ultrasound treatment in tissue layers around the deep dermis, making it a relevant option for clinics addressing sternal and décolletage laxity, fine wrinkling, and sun-damaged skin. For buyers, the key questions are not only clinical fit but also cartridge authenticity, system compatibility, warranty, and whether new or certified pre-owned inventory best protects uptime and ROI.

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

The DS 7-3.0 is a 3.0 mm Ulthera DeepSEE transducer designed for targeted ultrasound delivery at a mid-dermal depth. It is most relevant for aesthetic clinics treating mild-to-moderate skin laxity in the décolletage, lower neck, and related sun-exposed zones where a shallower depth is often preferred over deeper facial cartridges.

For procurement teams, this cartridge matters because it expands the usable treatment map of a platform already in the clinic. The device is best suited to practices that want a non-surgical tightening option, but it should be selected based on patient selection, operator training, and the exact system revision in use. ALLWILL often helps buyers confirm whether a unit is a current-production match or a condition-graded certified pre-owned option.

Why does depth matter for sternal skin?

Depth matters because sternal skin is thinner and more visible than many facial or body treatment zones, so energy placement has to be controlled carefully. A 3.0 mm transducer is often chosen when the target is the deep dermis rather than deeper structural layers. In practical terms, that means the cartridge may be a better fit for textural laxity and fine wrinkling than for bulk tissue reduction.

That distinction is important because the décolletage has different biomechanics than the jawline or abdomen. Skin here is frequently sun-exposed, prone to collagen loss, and less forgiving of poorly matched energy delivery. A clinic should verify that the operator understands the anatomy, the intended depth, and the device’s indication boundaries before adding the cartridge to a treatment menu.

How does this affect clinic revenue and utilization?

A dedicated 3.0 mm cartridge can help a clinic broaden premium service offerings without adding a new platform. That may improve chair utilization, package diversity, and average ticket size, especially if the clinic already markets neck and chest rejuvenation. The business value comes from fitting an existing device into a niche demand pattern instead of buying an entirely separate system.

Also check:  How to Source High-Quality Aesthetic Devices for Clinics?

The financial case depends on volume and consistency. If the cartridge is authentic, compatible, and well supported, it can become a revenue enabler; if it is unstable or poorly documented, it can become a source of downtime and callbacks. For mid-to-late funnel buyers, the real question is not whether the cartridge is inexpensive, but whether it will hold its value across service cycles. Request a quote from ALLWILL if you need current availability and a condition summary before deciding.

Which clinical factors differentiate better outcomes?

The most important differentiators are operator technique, patient selection, and correct depth matching. Décolletage work is more sensitive to surface irregularity and post-treatment irritation than many buyers assume, so the goal is controlled energy placement rather than aggressive coverage. The 3.0 mm depth is often chosen because it is closer to the dermal target zone used for texture and mild laxity.

Other differentiators include:

  • Skin quality at baseline, especially sun damage and thinning.

  • Degree of laxity versus crepiness.

  • Prior energy-device history.

  • Whether the operator can map treatment zones evenly.

  • Whether the clinic has a protocol for counseling and follow-up.

It is also worth noting that some clinics compare this cartridge with the 1.5 mm and 4.5 mm Ulthera options, depending on whether the treatment goal is more superficial texture or deeper lifting. The best choice is usually anatomy-driven, not brand-driven.

What should buyers verify before purchase?

The best procurement approach is to verify whether the cartridge is new, certified pre-owned, or remanufactured, and then confirm exactly what that means in writing. The same label can hide very different realities, including replacement scope, test procedures, and warranty limitations. Buyers should also confirm compatibility with the exact Ulthera system generation and region-specific regulatory status.

Use the framework below before issuing a purchase order.

Verification point New cartridge Certified pre-owned cartridge
Condition history Factory-new with full lifecycle remaining Must be graded and documented
Warranty Usually strongest and simplest Varies by seller and scope
Compatibility proof Typically straightforward Must be confirmed serial by serial
Refurbishment scope Not applicable Should be listed in writing
Lead time Can vary by inventory Often faster if in stock
Asset-risk profile Lowest uncertainty Acceptable only with strong documentation

This is the point where ALLWILL can be useful as a sourcing filter rather than just a marketplace. For a high-ticket part, a better quote is one that includes testing detail, warranty terms, and support expectations, not only a price.

ALLWILL Expert View: Décolletage work exposes a common procurement mistake: clinics buy a cartridge for the treatment depth but ignore the operational context around it. In practice, the cost of the part is only one layer. The bigger risks are compatibility mismatch, limited warranty coverage, and weak traceability if the unit later underperforms. For a chest or sternal program, that can show up as lost slots, lower confidence in premium packaging, and service interruptions that are hard to explain to patients. A good sourcing decision should therefore connect the cartridge to the full ownership path: serial verification, condition grading, expected duty cycle, and support availability. If those items are missing, the listing is not truly decision-grade. ALLWILL’s Smart Center approach is designed to close that gap by matching buyers with vetted supply, support, and after-sale accountability.

Why do compliance and authenticity matter?

Compliance matters because energy-based devices sit in a regulated category and buyers need documentation that matches the actual device and region of use. Ulthera’s system has FDA-cleared indications in the U.S. for non-invasive aesthetic use, including eyebrow lift and submental and neck tissue lifting in the cited clearance summary, but regional status still needs to be confirmed for each market and exact configuration. Buyers should not assume that a marketing description alone establishes legality or service eligibility.

Also check:  Ulthera DS 7‑4.5 Transducer: Firmware Handshake Errors, Uptime & Asset Protection Guide

Authenticity matters for the same reason. A cartridge that looks correct may still be a poor fit if the serial identity, revision, or refurbishment history is not documented. In a cross-border purchase, the buyer should ask for:

  • Serial-linked identification.

  • Refurbishment or factory-origin proof.

  • Warranty coverage in writing.

  • Import and customs support if applicable.

  • Proof that the system and transducer revision match.

This is where ALLWILL can reduce friction by helping clinics source verified devices and parts with clearer compliance paperwork and fewer surprises.

What procurement risks should buyers avoid?

The biggest risk is assuming that a cartridge marketed for the correct depth is automatically safe and service-ready. A second risk is buying on price alone, especially when the unit may be missing traceable test results or a meaningful warranty. For a premium treatment area like the décolletage, those shortcuts can lead to avoidable downtime and weaker operating confidence.

Avoid these mistakes:

  • Skipping serial-level compatibility checks.

  • Accepting vague “tested” claims without data.

  • Overlooking warranty exclusions for wear and tear.

  • Ignoring whether the unit is new, CPO, or remanufactured.

  • Failing to confirm lead time and support response.

If the clinic needs a dependable route to supply, Request a quote from ALLWILL for current pricing, availability, warranty scope, and condition documentation. That gives procurement a cleaner basis for comparing options before committing capital.

Frequently Asked Questions

What is the price range for the Ulthera DS 7-3.0?
Pricing varies by condition, region, and inventory source. New units may be several thousand dollars, while certified pre-owned units can be lower if they include testing and warranty support. The most useful quote is one that separates device price, warranty terms, and shipping or import costs.

Also check:  Why Is Just-in-Case Procurement Winning Now in Medical Aesthetics?

Is the 3.0 mm cartridge appropriate for the décolletage?
It can be, because 3.0 mm targets the deeper dermis, which is relevant for crepiness and mild laxity in the chest area. Final suitability depends on skin thickness, prior treatments, and operator technique. A clinic should verify anatomical fit before adding the cartridge to a protocol.

Should a clinic buy new or certified pre-owned?
New units offer the least ambiguity and the strongest baseline support. Certified pre-owned units can work well if refurbishment scope, compatibility, and warranty are fully documented. For procurement, the decision usually comes down to budget tolerance versus downtime risk.

What documentation should come with the cartridge?
Ask for serial identity, condition grading, refurbishment scope, warranty length, and any available test or inspection report. If the unit is imported, also request customs and compliance paperwork. Those documents protect both service continuity and asset value.

How fast can a replacement usually ship?
Lead time depends on stock status and location. In-stock items may ship quickly, while verified CPO or region-specific units can take longer. Request a quote from ALLWILL if you want current availability and a documented condition summary before you commit.

References

  1. Ultherapy Instructions for Use

  2. Ulthera System 510(k) Summary

  3. Ulthera System 510(k) Premarket Notification K233996

  4. Marketing Clearance of Diagnostic Ultrasound Systems and Transducers

  5. IEC 60601-2-62:2013

  6. High-Intensity Focused Ultrasound for the Treatment of Facial Wrinkles and Skin Laxity

  7. Piezoelectric Micromachined Ultrasound Transducer Technology

  8. Enhancing Ultrasound Power Transfer: Efficiency, Acoustics …

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(a) Equipment Sold “As Is.” UNLESS OTHERWISE STATED ON THE QUOTE OR IN A WRITING SIGNED BY AN MRP OFFICER, BUYER AGREES THAT THE EQUIPMENT SOLD IN THIS AGREEMENT IS BEING SOLD ON AN “AS IS,” “AS AVAILABLE” BASIS, SUBJECT TO SECTIONS 8(c) AND 9, AND HAVE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER IMPLIED OR ARISING BY LAW, STATUTE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, NON-INFRINGEMENT, WORKMANLIKE MANNER, QUALITY, ACCURACY, TITLE, AND/OR IMPLIED FROM A COURSE OF DEALING OR PERFORMANCE USAGE IN TRADE.

(b) Special Order Product. If this Agreement includes the sale of a product that MRP does not currently have or typically keep in stock, in MRP’s sole determination, but is acquired from a third party specifically for Buyer (a “Special Order Product”), then Buyer agrees that (i) Buyer, at its sole discretion, has made the selection of such Special Order Product, (ii) such Special Order Product is being acquired by MRP solely at the request of Buyer, (iii) no representation, warranty or guarantee has been made by MRP with respect to such Special Order Product, (iv) the obligation of Buyer to pay MRP for the Special Order Product is absolute and unconditional, and (v) Buyer waives and releases MRP from all claims, damages and losses arising out of such Special Order Product. Special Order Products carry no right to inspection before or after delivery, and MRP is not responsible for examining or evaluating such Special Order Products. MRP makes no warranty about Special Order Products and offerings of the third party (including description of the Special Order Product). MRP does not assume any responsibility or liability for the actions, product and content of all these and any other third parties. If there are any problems with any Special Order Product, Buyer must contact the manufacturer of such Special Order Product for assistance.

(c) Limited Warranties, If Any.

(i) If the Quote expressly states that the Equipment has a warranty for a certain time (a “Warranty Period”), then MRP warrants that the Equipment shall be in good working order under normal use for the Warranty Period, which Warranty Period shall commence from the date of delivery to Buyer (the “Delivery Date”), unless otherwise approved by an MRP Officer in writing, except for the following: (A) New (not used or pre-owned) Equipment that is to be serviced by MRP: if the Quote is silent, warranted to be in good working order under normal use for one hundred eighty (180) days from the Delivery Date; (B) Used Equipment sold refurbished by MRP: if the Quote is silent, warranted to be in good working order under normal use for thirty (30) days from the Delivery Date; (C) Consumable/disposable Equipment: if the Quote is silent, warranted to have been shipped from MRP in functional condition, and no additional warranty shall apply; no service shall be provided either. These items should be inspected for obvious damage, subject to Section 6 and 8(e), and MRP’s obligation under this warranty and this Section 8(c)(i)(C) is limited to replacement of the Equipment; and (D) New (not used or pre-owned) Equipment that is to be serviced by the manufacturer: if the Quote is silent, MRP makes no warranty for any such Equipment. Buyer’s sole warranty for any such Equipment, if any, shall be the original manufacturer’s warranty, which MRP agrees to pass on to Buyer, as applicable. (ii) For the limited warranties of Section 8(c)(i), including exceptions (A) and (B), but not (C) or this (D), Buyer is entitled to telephone, e-mail and video technical assistance and, subject to Sections 8(d) and 8(e), repair or replacement of such Equipment, in MRP’s sole discretion, should the Equipment become inoperative through normal use during the Warranty Period. Loaner equipment is not provided, but if so arranged by MRP, Buyer shall pay MRP the cash list price of any unreturned loaner equipment provided by MRP within seven (7) days of a written demand from MRP. (iii) Repair or replacement under any limited warranty of Equipment may be with parts or products that are new, used or refurbished, carrying the same limited warranty for the remaining term of the original item. Repairs or replacements shall not interrupt, extend or prolong the term of the warranty. (iv) For Services purchased under this Agreement, MRP warrants that the Services shall be performed using competent personnel in a professional manner in accordance with generally recognized industry standards for similar services. Subject to Sections 6 and 8(e) herein, if any Service was not performed in accordance with the aforementioned warranty, then MRP shall, in its sole discretion, either (A) repair or re-perform the applicable Service, or (B) credit or refund the price of such Service at the pro rata contract rate.

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(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.