broken ring and funny world

[ QUOTE ]
Kong's Reply to posts on their Facebook page

Enrico Ostidich: before proceding with this discussion about alu ring failure, please read carefully the official reply of KONG spa; click here:

http://www.kong.it/doc/KONG_alert_ago_2010.pdf

[/ QUOTE ]

That's a load of BS. 7000 to 9000. Keep spreading the word till they come up with your 14000. They have lost my business and probably more than this 9000. As for being used in a comp its nothing different than regular work. If anything its safer.
 
I do think it sounds that Sherrill might be liable as well. So were Kong Rings always marked? How did sherrill end up putting on shower rings they thought were from Kong. Or did Kong just recently start marking all of their rings after this incident.

However, it is not classy at all that he bring up it being in a competition. I cant believe he would say that. It was also being used the way most arborists use rings. I saw him. If it was not the way rings were intended to be used, Kong needs to stop selling them to arborists immediately. Hes digging himself into a hole trying to save a few bucks.
 
That letter is amusing. So he's basically saying no dice because well, he simply doesn't have to and you can try to make him if you want... and he's clearly got a case.

He says we can't know if the piece was from Kong... true but why would Sherrill lie about the source? QA responsibility rests with the manufacturer, not the retailer.

I'm speaking in terms of right and wrong... not in terms of the law which in this case supports wrong more than right... laws do that a LOT.

It's simple from here on. We can vote with our wallets and we can tell our friends. Rock climbers need to hear about this too... and there are a LOT of climbing fora out there.

Marco you need to step up and be a man rather than hiding behind lawyers. We know you don't have to pay anything so why would we EXPECT you to?

Because you're company IS responsible for the broken ring, you know it, we know it, nobody is denying it. Instead of pretending you don't know for sure where the ring came from, why don't you just show some integrity? You could win a lot of support by doing that, instead you're doing just the opposite. You are losing arborists as customers, how do your stockholders feel about that?

Tobe Sherrill is honorable enough to accept ANY unmarked ring and replace it... his goal was climber safety, not stockholder profits. Nobody that I know of DID more about this issue than Sherrill Tree and all they are is a retailer.

Unless they make some kind effort to make this right, Kong is guilty of selling inferior, untested life support equipment and that's UNFORGIVABLE.

You don't risk people's lives to save yourself a buck unless you're the lowest kind of filth living on this planet.
 
[ QUOTE ]
That letter from Kong makes me sick! What is even more sickening is we haven"t heard from the big guy himself over at Sherrill on this matter.

[/ QUOTE ]

I SUSPECT that the Sherrill legal team has advised him not to address this. The regular work through the specialists (lawyers) approach. Like the Miranda rights, anything you say can and will be used against you. You have to imagine if TS said anything that accepts any responsibility (not saying whether or not STree should have any responsibility), and then Jay (NOT saying he would change his tune) were to say that he actually did have greater injuries, or wanted more compensation, then Sherrill would be in a bad bind.

This is likely one of those things that will be a legal battle, or Jay will just accept what he decides to accept from Kong.

This is a lot different that if one of us were to smash someone's 20 year old rhododendron shrub, and we work out with the homeowner that we will replace and maintain the shrub for 5 years without charge.

Granted that there was more behind the lawsuit with McDonald's, but when someone can be stupid enough to put scalding hot coffee (a known hot beverage) between her legs, and get, yes, scalded, but still receive $3M, it indicated how much this could end up costing the manufacturer or distributor.

Its possible that the insurance company lawyers have told TS or Kong that they have to act such and such a way to maintain their coverage, regardless if they would otherwise have said that they would pay much more.


Whatever the process, I surely hope that Jay gets taken care of for the little that he asks for, medical expenses, which is mighty respectable. Personally, I would think that he is due for more than just medical expenses, but he chooses what he asks for.

I imagine that in the end, if there is a legal battle that Jay wins, it will be for more $. Think about what lawyer wants to take on a case against a foreign corporation, on commission for 1/3 or 1/2 the settlement, which in this case to get Jay's medical bills paid, would be a judgment for 25k-35k-ish.


You know what you call a 1000 lawyers chained together at the bottom of the ocean, don't ya... a good start. Even in the early days someone, I think a Shakespeare character, said about killing all the lawyers.

Be glad that your are neither a lawyer or corporate a*&^ole.

Be glad to be part of a community that is ready to jump to help someone that they have never, and may never meet, when the community did no wrong.
 
What Blinky said, dollar vote. Give out the information that you have, which has been verified. Leave out the speculation. Leave out the armchair legal stuff. People that hear the facts, with witnesses to the breaking ring, will know what to do with their dollars.

Its too bad that it is going like this. Kong seemed to be making some good stuff. Aside from those aforementioned carabiners, I hadn't heard anything bad about their other products, aside from the rings. Their actions on the other hand...
 
i'm writing this for the third time and my computer is on really thin ice,especially since i type like sloth.thanks to everyone for all the effort i can't tell you how much it means to me. the qaulity and quantity has been unbelivable.with tha being said i'd like to ask if pokes at my lawyer could be left out.if they were helpful in anyway i'm sure he'd be all for it.as it stands i don't think thats the case and he's a very good friend of mine and of quality that i could otherwise not afford.the issue with lawsuit is not a matter of winning as much as it is a matter of recovering what we won.which if kong wanted to make difficult could.after reading the most recent letter that seems like a safe bet.i do understand that all advice is given with best intentions in mind and appriciate all of them.
thank you so much
 
they are on the defensive and have raised their bid. it does speak well for our efforts.
 
Sorry for your troubles, Jay, gear failure is one of my worst fears as a climber.

I'd say that letter from Dr. Bonaiti is encouraging.

Somewhat offensive, maybe, but he did raise his bid and say, "THIS IS THE END OF DISCUSSION." Sounds like he's playing both good and bad cop.

Like you keep knocking on the door, and he opens and shuts the door, handing you more money each time.
 
It seems like Kong is trying to put the blame on Sherrill.
Either way, after reading that response from Kong, I don't like Kong at all and won't support them ever again.
 
something is definitely funny about all this. Does anyone know how Kong, or Sherrill has handled this type of issue in the past? I'm sure its not the first injury due to a product failure.
 
If I were a supreme judge and I could tell people what to do than I would say that Kong pay half and Sherrill pay half. The ultimate guilt is a little fuzzy here. But its not Jays fault that we know and he is the one paying right now.
 
One thing I like about baileys catalog is they say made in usa . For certain products . Honest experienced people on phone. We are killing ourselves with imports duh. Need a wal mart with made in USA only. You buy one good item instead of six crappy.and support our workers.
Gg
 
All,

I have spoken a fair amount on this matter and against the direction of legal representation. We sincerely regret having sold rings supplied by Kong SPA of Italy, shipped by Kong and in Kong marked boxes. It is absolutely certain that we (as a reseller) were not alone.

To date SherrillTree has expended untold time and energy as well as dollars performing a recall and without any support or direction from the manufacturer (financial or otherwise). Their silence is truly stunning.

I too will soon try and contact the company's owner again to see where he wants this matter to end/begin.

Will be back.

Be safe
 
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