Gebr. Brasseler GmbH & Co. KG has been renowned as a reliable manufacturer of tools for use in power surgical handpieces for many years. Our range includes rotary instruments, saw blades and surgical precision tools. These are distributed under the brand “Komet Medical”. Our products are destined for use in the power systems made by various third party manufacturers.
The compatibility of our instruments with the different power systems is indicated in the current catalog (see www.kometmedical.de) or on the labels of the packaging. These declarations are based on the work of our engineers who carefully measure the original instruments and tools in regular intervals and test the Komet products in the original power systems during their development. Only then the product will be released for launch on the market.
Still, some users are not sure whether or not it is permitted to use Komet Medical products (third party product) with their power systems, or if they are obliged to use the “original accessories” provided by the manufacturer of the power system. This uncertainty has arisen in the past from ambiguous statements in the instructions enclosed with some power systems or from misleading information given by the employees of individual power system manufacturers or distributors.
In this context, we would like to reiterate that the use of our tools in the power systems specified by us is definitely permitted.
In the event of a defect of the power system, you are of course entitled to assert the usual warranty claims against the seller of the power system. On principle, the implied warranty in pre-worded sales conditions must not be made dependent on whether “original accessories” or accessories made by other manufacturers were used (§309, sect. 8b) aa) BGB1). Any disclaimers of warranty in the purchase agreement and/or misleading information in the instructions are therefore legally void.
If the power system has a defect according to §433 et seqq. BGB, the seller of the power system is held liable for the defect even if accessories made by a third party manufacturer – such as products of the brand “Komet” – were used.
Likewise, it is not permitted to make the product liability of the manu-facturer for damage to person or property according to §1 of the “ProdHaftG2” categorically dependent on the use of “original accessories”. Pursuant to §14 of the ProdHaftG, the liability of the manufacturer to pay damages must not be restricted in advance. Due to the stan-dardization of the Product Liability Act in Europe (EC Directive of 25/07/1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products), these principles are valid in the other European Member States as well.
Please feel free to contact us at any time should you have further queries regarding the above.