2001-01-26 Harley-Davidson Response - Minnesota Judicial Branch

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Tcrrancc J. Carter Condcnsclt IM DEPO-SOUISH
I Q And whcrc do you conic: up with 11~ %I 500
2 I‘igurc?
3 A. TM’s how much Ihey charged mc over MSI(I’.
4 0. Bul one of lhc motorcycles you ncvcr aclually
5 paid for or ohtaincd. Corrcct~?
h A. Thar’s corrccl.
7 Q. Wel I, ICI’S star1 with lllc first niotorcycle
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8 you claim you’re cnlitled to damages for. Do you rcmcmbcr
9 what year you purchased that motorcycle?
0 A. I helicvc it was a ‘97 Standard. That would
I he an FIST -- no, that’s Softail. F-L -- I’m sorry. 1
2 don’t remember what that. is.
3 THE WI’INESS: Come on, Mike.
4 Q. Had your name been on a waiting list for that
5 motorcycle?
6 A. yes.
7 (2. Do you remember when you put your name on a
8 waiting list for that motorcycle?
9 A. No. It seemed lo me it was about two and a
0 half years before it came in. That’s all I can say,
I Q. So roughly ‘05, ‘Y4?
2 A. Yes. And that was my first experience.
3 THE WITNESS: sound about right?
.4 Q. Do you remember who you dealt with at Twin
‘5 City Harley-Davidson with respect to this motorcycle?
I WaSll’l aware of rltly CllalgCS. AISO I ILid hatI C()ll\/crs;lli()ns
\ - ~-~~
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2 with Mike, how he was very proudly proclaiming (l1:11 they
3 wcrc Wing [ilest: hikes go cheaper than market value and
4 it was hurting them, hut lhcy were hoping lhcy would kup
5 loyal cuslomcrs hy doing thal.
6 Q. So you’re basing your helicf on the fact thar
7 you had previously houghl a hike for what you hclicvcd (0
8 he MSRI’?
9 A. No. And partially. The Shrine hike that I
0 bought WAS nol at MSRP. II wz hd~w MSI(I’ hcc4u.w thcrc’s
I money that comes from the dealership and from the
2 manufacturer that gives the Sbriners discounts on
3 motorcycles, so that wasn’t relative. But if 1 had bought
4 a bike that wasn’t a Shrine bike, those were the figures
5 that I would play with, would be MSRP. -Ihost: were the
6 deals. And I had negotiated deals with Mike or Dave or
7 whatever salesman before. And those would he the figures.
8 I didn’t buy every bike I negotiated on.
9 Q. It’s your testimony that the ‘Y7 FLXI
0 motorcycle we’re talking about was the second fnotorcycle
I you purchased from Twin City Harley-Davidson’?
2 A. Best I can recall, I believe it is.
.3 Q, And prior to that you had purchased the ‘91
:4 Shriner motorcycle that we talked about earlier?
5 A. Yes.
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I A. I usually dealt with Dave Bon-i, but I can’t
I Q. And you didn’t get that bike at MSRP?
2 say he was every deal I ever did. He certainly wasn’t
2 A. 1 got it below MSRP.
3 every conver.satim 1 had.
3 (2. Tell me about any other transactions between
4 Q. 1s the anybody els: you recall dealing with 4 those two motorcycles where you believe you negotiated
5 with Espect to this molorcycb?
5 based on MSRP.
6 A. Yeah. Rodney Schmidt -- oh, I’m sorry. With 6 A. With anybody? Anywhere?
7 respect to this motorcycle, I can’t remember anybody else 7 Q. No, at Twin City Harley-Davidson.
8 for sum.
8 A. oh, Ican’t &her any. I’ve talked bikes.
9 Q. Are you certain that you dealt with Dave Boni 9 I’vebeeninthuesomanytimesovertbeyears. Igoin
0 for this motorcycle?
1 A. No, I’m not.
o ten times a year, and we talk prices and we talk bikes.
Q. I I’m goi~.i;‘to ask ydu ‘~~~, ~at”a~ ~~;; ~ ’
2 Q. So you don’t nzcall who you dealt with?
3 A. No. I just said I mostly dealt with Dave
4 Borri whenever 1 was at South. That’s all I can honestly
d5 .say. I think it was Dave, but don’t pin me to the wall.
I6 Q. And you’reclaiming you understood you went
12 yotr belief that yarn -w&e going to &t that n;otorcycie,
., i:,* *j;.
13 that ‘97 FLXT,at MSRP?
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, A. ~4 & &