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BMW 3-Series (E90 E92) Forum > E90/E92/E93 Marketplace (For Sale / Trade / Wanted) > Vendor Comments/Review/Feedback Forum > Unethical Vendor - BMS (Burger Motorsports bad review)



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      10-14-2012, 10:24 PM   #1
JetBlackE46
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Thumbs down Unethical Vendor - BMS (Burger Motorsports bad review)

*** EDIT UPDATE 10/16/12 ***

Apparently BMS is banned from posting in this forum. The exact reason I don't know but I'm not surprised. They have responded and basically denied trying to copy my product and blamed it on their webmaster for using my pictures.


*** EDIT UPDATE***

BMS has removed my pictures from their listing. For those still interested, here are the archived listings for you to judge. Thanks to all those who support me.

My listing:



Their Listings:







Hello, my name is Nelson and I’ve been an avid BMW enthusiast for many years now. A few years ago I saw that many E90 manual transmissions owners wanted an easy to install clutch stop for their vehicles. I was able to design and develop such a product after many months of R&D. I began to sell these clutch stops on eBay (ID: pickyeater334) as a hobby. I pride myself on selling a quality product and giving each customer the same service I would expect as a fellow BMW enthusiast. If you’ve dealt with me before, I thank you and I’m sure you can attest to both the quality of my design and to my prompt service.

BMS – not a BIMMERPOST sponsor, but a company I once considered “reputable” has stolen the pictures in my listing and called it their own.

Here’s a link to my eBay listing:

http://www.ebay.com/itm/230519560074...84.m1555.l2649

Here’s a link to the BMS listing using my pictures:

http://www.ebay.com/itm/251167551669...84.m1423.l2649

The worse part of it is that, BMS had first made a copy cat clutch stop (and also stole my install pictures) a year ago and called my design inferior as part of their marketing campaign. But now they’re marketing my design as more “sturdy” and only selling it on eBay and undercutting me on price.

I think it’s crazy for a vendor to knock off someone else’s product with something inferior and call it better only to realize customer's have figure this out on their own. Then steal all of my pictures in an attempt to fool customers with their "new" product.

Here’s a link to their first copy cat clutch stop by BMS:

http://www.ebay.com/itm/250989235114...84.m1423.l2649

It’s basically the same design as mine but they used rubber adjustment shims instead of metal. I’m sure many of you have purchased the BMS stopper and are happy with it and that’s great. After all it is based on my design. I’m not going to get into it here but if you search you’ll find that users do in fact find my design with the metal adjustment shims to be more solid feeling or complain that they didn’t feel much of a difference when they installed the BMS one. Many have switched over to my stopper after trying the BMS one for several months. I’ve been told they wish they knew about my original one first.

If BMS reads this and decides to delete or edit their listings, it’s ok because I’ve already archived those pages. To me it’s pretty shady business practice. I’ve already contacted them and expressed my concerns but they basically said so what and they had no knowledge of using my pictures.

The “right” thing to do would be for them to stop selling these clutch stops and stop using my pictures.
I just want my fellow enthusiasts to know the type of unethical behavior this particular vendor is capable of.

BMS is welcome to join in this thread to say they didn't copy my design and didn't have any knowledge of using my pictures as part of their promotional materials.

Last edited by JetBlackE46; 10-17-2012 at 08:49 PM.
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      10-14-2012, 10:33 PM   #2
richpike
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Wow - that appears to be pretty blatant. Good for you for speaking up.

BTW - you might consider putting a watermark on your future pictures to help eliminate some of these issues.

-Rich
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      10-14-2012, 10:44 PM   #3
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hmmm... a sensitive topic indeed. Good luck in finding a resolution from all of this.

BMS, .
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Last edited by Doctor///M; 10-14-2012 at 11:36 PM.
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      10-14-2012, 10:51 PM   #4
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Wow. At 6 bucks a pop at bms, is it really necessary to hijack someone else design and pics and risk your reputation? I would rethink that move.
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      10-14-2012, 10:55 PM   #5
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Damn! I use BMS products, but that is shady business right there.
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      10-14-2012, 11:08 PM   #6
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Ever hear of a thing called a patent?
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      10-14-2012, 11:10 PM   #7
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Shady indeed. Can't you take legal issues and sue?
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      10-14-2012, 11:21 PM   #8
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BMS will never get any business from me, I can't stand companies that pull shit like that!
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      10-14-2012, 11:27 PM   #9
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wow im shocked. thats insane using the same pictures at least snap your own if your going to rip someones product off. These things work pretty good huh? Makes it easier to do a launch i assume?
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      10-14-2012, 11:28 PM   #10
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I knew they were shady when they advertised their n52 tune as the best tune on the market--when it clearly is not.
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      10-14-2012, 11:31 PM   #11
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It sucks because I was just about to spend money with BMS, but it's hard to do that when you see something like this. I hope it all works out for you. In your ideal world what would you have happen?
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      10-15-2012, 12:29 AM   #12
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time to lawyer up! ^__^
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      10-15-2012, 01:43 AM   #13
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Im no expert, but it sounds like you didnt protect your property rights with a patent, so someone else went to market. BMS did change the clutch stop enough that even if you do seek legal action, they will most likely cite that it is a different design/materials. Looks like you are doing good on ebay, love the entrepreneurial spirit, keep it up.
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      10-15-2012, 03:23 AM   #14
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AT ftw
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      10-15-2012, 04:37 AM   #15
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Ever see the movie Flash of Genius? Ford steals the design for a dude's intermittent wiper invention. Time to put the heat on BMS.
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      10-15-2012, 05:12 AM   #16
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Customer service is piss poor. I had an issue on my pbx when I got it, I emailed them to ask if it could possibly be defective since the car was shifting abruptly and acting crazy. They told me either I didn't put it in right or if I want it to drive better, buy a 335.
Now anytime I see anything with BMS on it, I turn away and find something else. I didn't need that treatment. I'm an adult and not an idiot. Installation was perfect and easy, I just wanted to know if they would take the pbx back and test it for any problems. But the response was for me to buy another car.
That was worth $290 to know which vendor to stay away from! I will never suggest BMS to anyone nor will I ever buy from them. They aren't worth my time or money.
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      10-15-2012, 05:16 AM   #17
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You've sold almost 800? Thats about $8,000 nice! Shady thing for BMS to literally steal your product from you. I would make a claim against them, if you can sell 800 imagine what a name like BMS is moving, you deserve part of the profit they made off of you!

Good luck and can't wait to get mine in the mail =) My old one (the plastic backing I bought last year) is too loose and worn now. Looking forward to trying your design!

Greg
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Last edited by Shermanator2411; 10-15-2012 at 05:24 AM.
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      10-15-2012, 06:24 AM   #18
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OP while I feel your pain and think bms was wrong for stealing your stuff. My question is was the clutch stop your idea/invention or did you see it somewhere else? If you indeed invented the clutch stop well kudos to you. Imagine how bmw feels with all the replica car parts being sold for cheap.
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      10-15-2012, 06:29 AM   #19
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I had been looking at the BMS site, I won't be any longer..

How pathetic and desperate of them.

I will help to the spread the word...
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      10-15-2012, 07:55 AM   #20
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Quote:
Originally Posted by sy2767 View Post
Ever hear of a thing called a patent?
^^this ..it sucks it happened and it is very unethical for BMS to do but not illegal. I will make sure not to order from them though
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      10-15-2012, 08:01 AM   #21
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I was going to buy a BMS one because they are commonly sold. I bought one of yours instead. Thanks for contributing to the community
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      10-15-2012, 08:49 AM   #22
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BMS - BOOO

Good luck with the David vs. Goliath battle that will ensue

Respect for standing up against one of the big dogs
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