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thepits 
Moderator Group
Joined: 09-July-2003
Location: far far away
Status: Offline
Points: 10000473
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 Posted: 29-March-2004 at 22:32 |
 Nigel wrote:
....... We also have to be careful regarding the citisism we allow on here, what would be your reaction, for example, if someone from the dealer you dont like read this, and decided to sue the club ? |
Surely there is a disclaimer somewhere that says that the opinions expressed here are of the person posting and not of the club as a whole? You do in magazines, and in emails...!? 
So it's down to the person, not the club, and if he can substantiate his claim...
Anyway I doubt if a dealer would try and sue the club/person - think of the adverse publicity that could ensue! 
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Cats know your every thought.
But don't care.
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Nigel
Moderator Group
Joined: 09-November-2002
Status: Offline
Points: 6941
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Posted: 29-March-2004 at 23:03 |
Again, this has been discussed before, its a tricky area, I'm just asking for caution.
Personally, I'd be straight onto bmwgb to get this resolved.
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Best Wishes
Nigel
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steve1
Really Senior Member I
Joined: 25-November-2003
Location: United Kingdom
Status: Offline
Points: 338
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Posted: 29-March-2004 at 23:13 |
As I said in previous post, a simple list of dealers or garages that you are happy with, no comments, good or bad, this way no one should take offence and want to sue anyone, be it the club or the person, after all, we are only trying to compile a list of recommended people and not the ones you would not recommend. Then if people are made aware of this info they would simply look to see which one best suits them and get in touch with these places and make there own mind up, this is what most of us do anyway, the list would just be helping you locate a recommended garage in your area. If for some reason you have had a bad experience with a particular garage then I am sure there are ways to let people know privately and not post for everyone to see and risk upsetting the wrong person.
Anyway after all that, is the list the way to go, if so then can someone set it up, strict rules must apply of course.
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1990 black sport evo- Now Sold
1988 325i touring ( written off )
2002 ZM Coupe, hamann styling
328i touring ( '95 )
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Nigel
Moderator Group
Joined: 09-November-2002
Status: Offline
Points: 6941
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Posted: 29-March-2004 at 23:31 |
I'll try again, but it seems to be a legal minefield, so dont hold you breath lol.
There is a link to the forum guidelines just above the forums on the main page, for anyone that hasnt found them.
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Best Wishes
Nigel
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David 87M3
Really Senior Member I
Joined: 16-April-2003
Location: United Kingdom
Status: Offline
Points: 368
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Posted: 30-March-2004 at 10:44 |
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Edited by David 87M3
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cecotto147
Senior Member II
Joined: 16-February-2004
Location: United Kingdom
Status: Offline
Points: 189
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Posted: 30-March-2004 at 11:14 |
David 87M3 wrote:
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Is someone trying to get their post numbers up?!!
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steve1
Really Senior Member I
Joined: 25-November-2003
Location: United Kingdom
Status: Offline
Points: 338
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Posted: 30-March-2004 at 12:33 |
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Nigel, please tell me of this legal minefield, if there are no comments put on this list then where is the comeback????
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1990 black sport evo- Now Sold
1988 325i touring ( written off )
2002 ZM Coupe, hamann styling
328i touring ( '95 )
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senny
Senior Member II
Joined: 30-September-2003
Location: United Kingdom
Status: Offline
Points: 231
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Posted: 30-March-2004 at 15:37 |
Here's what im going to do. I'll get BMW to change my springs and ask for the old ones. If theres nothing wrong with the spring i'll get them to put them back on. (i'm going to mark the springs so i know they are mine)
Then i'll write a letter to trading standards.
I'll be all up for the idea about the database. 
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kbannon
Admin Group
E39 525i Sport Individual
Joined: 09-October-2002
Location: 64 Zoo Lane
Status: Offline
Points: 15508
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Posted: 30-March-2004 at 15:52 |
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How will they test the springs to see if they work?
How will you prove that they are wrong?
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Current: 2009 E60 520d "Sport" tractor
Previous: 1989 E30 320i SE
1997 E39 523i
2003 E39 525i Sport Individual
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senny
Senior Member II
Joined: 30-September-2003
Location: United Kingdom
Status: Offline
Points: 231
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Posted: 30-March-2004 at 16:06 |
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Well i was told they had a break in it. Should be easy to see if you put them both together.
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jonp
Senior Member I
Joined: 05-October-2003
Location: England
Status: Offline
Points: 145
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Posted: 30-March-2004 at 16:16 |
Hey Senny,
I'm based near tunbridge wells. I took my old and highmilage e28 to the dealers in Sevenoaks. I couldn't recomend them more. nice guys .give em a bell before you go and explain why you are booking it with them instead of Chandlers.
jon
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Autos are easy. Its the steering thats hard.
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thepits
Moderator Group
Joined: 09-July-2003
Location: far far away
Status: Offline
Points: 10000473
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Posted: 30-March-2004 at 22:32 |
Nigel wrote:
I'll try again, but it seems to be a legal minefield, so dont hold you breath lol.
There is a link to the forum guidelines just above the forums on the main page, for anyone that hasnt found them. |
Thanks Nigel for pointing me at the guidelines, but quess what I found in them? -
You remain solely responsible for the content of your messages, and you agree to indemnify and hold harmless this forum and their agents with respect to any claim based upon any post you may make.
So anything we post is down to US and not BMWCC?
so much for the 'legal minefield' - here's the disclaimer!
any comments anyone??? 
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Cats know your every thought.
But don't care.
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kbannon
Admin Group
E39 525i Sport Individual
Joined: 09-October-2002
Location: 64 Zoo Lane
Status: Offline
Points: 15508
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Posted: 30-March-2004 at 22:47 |
Im sure a good barrister could push its way through this without difficulty.
The message may be written by a forum member but it is still held on the BMW CC website. If a barrister is wanting to sue they would pursue the larger purse, i.e. the club.
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Current: 2009 E60 520d "Sport" tractor
Previous: 1989 E30 320i SE
1997 E39 523i
2003 E39 525i Sport Individual
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thepits
Moderator Group
Joined: 09-July-2003
Location: far far away
Status: Offline
Points: 10000473
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Posted: 30-March-2004 at 22:56 |
kbannon wrote:
Im sure a good barrister could push its way through this without difficulty.
The message may be written by a forum member but it is still held on the BMW CC website. If a barrister is wanting to sue they would pursue the larger purse, i.e. the club. |
Then there is no point in making any rules & guidelines for the forum! 
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Cats know your every thought.
But don't care.
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kbannon
Admin Group
E39 525i Sport Individual
Joined: 09-October-2002
Location: 64 Zoo Lane
Status: Offline
Points: 15508
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Posted: 30-March-2004 at 22:59 |
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LOL - we need to have rules to protect ourselves from being accused of not having any.
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Current: 2009 E60 520d "Sport" tractor
Previous: 1989 E30 320i SE
1997 E39 523i
2003 E39 525i Sport Individual
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thepits
Moderator Group
Joined: 09-July-2003
Location: far far away
Status: Offline
Points: 10000473
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Posted: 30-March-2004 at 23:02 |
kbannon wrote:
LOL - we need to have rules to protect ourselves from being accused of not having any. |
Ah, that makes sense  I think 
So what you are saying is that we have rules / guidelines, call them what you will, to show that we are running a responsible forum, but they are no use what so ever should they be challenged in law? 
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Cats know your every thought.
But don't care.
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kbannon
Admin Group
E39 525i Sport Individual
Joined: 09-October-2002
Location: 64 Zoo Lane
Status: Offline
Points: 15508
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Posted: 30-March-2004 at 23:08 |
Anything can be challenged in law.
We have to do whatever is necessary to protect the club and its members from any kind of litigation. If a forum member posts a message which could be defamatory then that forum member is primarily responsible (as per the guidelines). However, if the aggreived party pursued it further then they could legally challenge the forum owners - the club - as the defamatory article was held on their property and there was no attempt to reveal the truth, etc..
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Current: 2009 E60 520d "Sport" tractor
Previous: 1989 E30 320i SE
1997 E39 523i
2003 E39 525i Sport Individual
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ConeKiller
Groupie
Joined: 29-March-2004
Location: United Kingdom
Status: Offline
Points: 66
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Posted: 30-March-2004 at 23:15 |
You remain solely responsible for the content of your messages, and you agree to indemnify and hold harmless this forum and their agents with respect to any claim based upon any post you may make
Fair enough, but this only really prevents the poster of a message from sueing the club if he gets sued by a company for saying they do a useless service and the owner's a " ************ "; or from deferring blame to the club for encouraging him or whatever.
On the other hand if the same comapny decides to sue the club there's not a lot anyone can do about it, especially with regard to dislaimers. i think as far as the law stands, any organisation that publishes information on the www remains responsible for its content; ie a newspaper, a forum etc, they're effectively all the same. Actual ISPs get off a bit lighter as they don't publish as such; they just provide a means of doing so - there's no "editorial" influence, no moderation, no selection or filtering. once you start cutting bits out, you assume responsibility for everything that gets through, and there's the distinction.
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* share and enjoy *
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steve1
Really Senior Member I
Joined: 25-November-2003
Location: United Kingdom
Status: Offline
Points: 338
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Posted: 31-March-2004 at 10:12 |
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I think this could go on forever, as per my previous post, name of garage you recommend, no more, no less, keep comments to yourself, this cannot lead to any action. Once again can anybody arrange this before we go too far off course.
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1990 black sport evo- Now Sold
1988 325i touring ( written off )
2002 ZM Coupe, hamann styling
328i touring ( '95 )
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jonp
Senior Member I
Joined: 05-October-2003
Location: England
Status: Offline
Points: 145
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Posted: 31-March-2004 at 11:40 |
Steve1 See my previous post.
Jon
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Autos are easy. Its the steering thats hard.
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Chandlers BMW Service