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

DEPd-SQUISH Condcnsclt ‘.” %-mm J, Carter
Page 37 Page 39
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tlwt htkc, on what do you IXISC your claim IIXII you hclicvcd I said Ihal plirasc 11iw1i1 Ilc: coultl give 1111: tk I&c hc wanlai.
! you wcrc going to YC!CC thaw hike li)r MSKF 2 I-lc didn’t have lo pivc nit: any hikes lhal wtxc (in Ihc list.
t ,A. Same claim I hasctl my I‘irsl one on. I had 3 I Ic cc~ultl give lnc a Sportsrcr. Thai’s cxacliy what Mike
I nolliing. no iclca lliul llicy I~tl chmgcti their pricing 4 Kuclhs said.
i structure. .‘, Tlx: second part of ~hc disclaimer was WC don’t
1 CJ. So you had ~~l~solulcly no atlclitionnl h gumuilu: prices. Al llx: liliic I was pulling my inoncy dow~i.
I idormation at that time 01at ma& you hclicvc you wcrc 7 Ic said Ihal munl Ik prices changd cvcry yuir. I’m
; going to get the hike at MSIW other than the inl\rmation S g!oing. yes. MslW changes cvcry ycx. and w\: don’t know wlm
J you had when you plocal your tiaiiic 011 llic waiting list liw ?) lhnl’s going lo bc. so IK: ciin’l gitarantcx what Ihal price
) ~hc lirst hike’! IO is going he. Wlm it came time to htry the hike, then that
I A. Again, they gave mc :I hrochurc that had MSIW I I slatancnl chari~cci 10 1 ci10 chiirgc you anything I wilnt.
1 in it, and they didn’t say anything ahout changing the I2 And 1lxz-c was a third lhing. I ciln’l rcxnantxr
3 pricing structure, so I had the siliix information I3 what il was right now. hut if yolt show me the discleinier.
1 rccon fi rtiiecl I4 I’ll tell you what their little twist on that one was.
5 Q. When you would gel these pricing hrochurcs, 15 Q. When do you first recall being asked to sign
5 would you n-lake il a point CO read through the brochure’? I h any disclaimers? Were you asked to sign these disclaimers’?
7 A. Oh, :ahsolutely. I7 A. You mean the receipt I was given for my tnoney?
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B Q. In it:s entirely? I8 I don’t nxnetnbex at all.
9 A. I tried I9 Q. These disclaimers you’re talking about wean
3 Q. And anything in there that dealt with price, 20 located on the receipts that you nxeivedl
I you would be very careful b pay close attention to that 21 A. On one. I’ve just seen the disclaimer. I
2 language? 22 don’t remember if it was on one of my nxeipts. It could
3 A. I would look at the price on a particular 23 have been. I do know that the disclaimer got longer from
4 model I was going on. I’d look at other ones for 24 one receipt to the next. I seem to remember that. It was
5 comparison. I certainly didn’t remember them all all the 25 like. if I remember right, a Irxl stamp.
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I time. I Q. So it’s possible these disclaimers weren’t
2 (2. But you would mad through the brochures 2 present on your receipts?
3 carefully? 3 A. Possible.
4 A. Yeah, 1 was intcxested in the bikes. 4 Q. IT they weren’t on your receipts, where would
5 Q. Between the time you put your name on the 5 you have come to know of these disclaimers?
6 waiting list in ‘95 for the ‘98 Heritage until the time you 6 A. Showed me the disclaimer on another receipt or
7 discovered you supposedly paid too much for the ‘97 bike, 7 a disclaimer that he said he gave to everybody when they
8 did you bave rmy discussions with Twin City Harley-Davidson 8 got receipts. C
9 &out tbe priu: of that red ‘98 Heritage? 9 Q. 1 want your best nxolleetion of when you
0 A. O~~BT than the disclaimers they put on the IO first became awani of these disclaimers.
1 teecipt that I go& we didn’t have any discussions on tbe II A. I believe it would have been in the
2 price spa+icaIIy. I 2 discussions at the time I found out about the extra price 1
3 Q. What discbhas nre you talking about, 13 paidonmy ‘97andwastryingtorpake’sureididn’t,~~~tc
4 Mr.carta’l
5 A. Well, I had an intaesting discussion. I
6 can’t mnanber if it was Mike befo&and or Mike &tea-wards
14 paythatdmy’98 ,‘, somedeE in i@ peIq,‘#,time.
15 Q. So prior to that, you would AlpHbatn
16 askedtosignoneofthesedisclaimers T!E ha&y
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7 or Dave bef&nd, but they bad t.bree provisions on the 17 disctAm or conversatious with anybudy about the
8 disclaimers. One of them was they couldn’t guarantee a 18 contents of these disclaimers?
9 specific model hike. At tbe time I was putting my money 19 A. I don’t remember having any, and I don’t ever
!O down and my name on tbe List. they said you can wait t&c 20 remember being asked to sign a txxeipt. They were giving
!I years for a model that Harley isn’t making anymore. Put 2 I my a receipt for the money I gave them. I don’t know why
!2 your name down now for a Bad Boy in ‘95. and in ‘98, when 22 would have signed anything. I may have. I just don’t
!3 it comes in. thuz are no Bad Boys. They don’t make them. 23 remember.
!4 So they can’t possibly guarantee that. 24 Q. I think we started talking ahout these
!5 When ic c~lme time for me b huy my bike. he 25 disclaimers because I asked you if you had had any other
‘age 37 - Page 40 Kirby A. Kennedy & Associates (952) 922-1955