I don't have a siding or vested interest in the whole kong debate, but I think it's good to get facts rather than go on hearsay. Having said that, I'll add some hearsay
A couple points that I think haven't been mentioned here that are worth perhaps noting. All of these I read from letters published by kong, or from posts by sherill or the guy who got hurt.
According to kong, their insurance company refused to pay the claim. Kong also claims that the guys own medical insurance company refused to cover his medical costs. I notice nobody is going after either of the insurance companies....
The rings in question may or may not have been kong's, though it seems for the most part that kong is accepting the rings to be theirs. They were found in a box marked kong. All the other rings supplied by kong were stamped, this box was unique in not having stampings. There is some question of how the rings got their, then also the question of why did sherill on sell them without markings and who is at fault with QA on inspection at each point along the way.
Kong's insurer denied the claim partly on the question of whether the rings were actually manufactured by kong, but mainly that 'inspection and suitability for purpose needs to be ascertained by the end user'. People are going on about how the reason why the payout wasn't made was because it was in a comp setting, which is not the case form letters I have read. That was a side point in one of kongs poorly worded letters.
Kong made several (escalating) offers to cover the cost out of their own pocket despite both their and the climbers insurance companies denying the claim. From memory the highest amount they offered was around the US$10k mark. From memory the claim by the guy who got hurt was for somewhere around $20k.
It seems a tough case. What if, say, the rope wrench had a bolt fitted to it that a supplier had sold to Bingham, and the bolt failed. Somebody got hurt, and binghams insurance company refuses to pay, saying that the bolt was faulty and the liability is the bolt companies. Then the bolt company says that bolt was not intended for that purpose and you need to do your own in house testing.... Does Kevin sell his house? Bad example perhaps because the rope wrench is not intended for primary life support. But we could think up another similar example with harnesses, or any other bit of gear that is made up of third party components. Do we need more comprehensive insurance, more comprehensive QA? Are we willing to pay the cost of that as end users, or do we buy cheap gear and drive the market down?
For the record I don't buy kong gear, I think it's rubbish. Most of my stuff is petzl and some DMM, CMI and SRT(australia).
Shaun