2001-01-26 Harley-Davidson Response - Minnesota Judicial Branch
2001-01-26 Harley-Davidson Response - Minnesota Judicial Branch
2001-01-26 Harley-Davidson Response - Minnesota Judicial Branch
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Condcnsclt IV hniel M. Lund<br />
Page R7 Page 39<br />
I credit union to horrclw, wh;rtcvcr. Then I think I asked him I my tlauglrtcr in there, and hc skiys -- I says, well, IICIW<br />
2 Illcn whal Ihc: price was. And he lold me wh il was, and I 2 ahout if I lradc my ‘Y7 in? I-lc said WC: tlon’( even w;rnI<br />
3 said, well, that’s ;I lo1 higher than MSIW price. hd hc 3 your ‘Y7. We liavc all lhc SporWm wc wait. We don’t<br />
4 said, well, ll\al’s the price. Do you wail il or do you 4 even wan1 it. I said, Well, funny, wlicn I originally<br />
5 don’t want it? And I said ICI mc think ahout it. And I 5 purchnscti this, I asked you if I had :rnothcr motorcycle<br />
6 didn’t go right ~OWII that tiny and purchase Ihe hike. 6 that I could trade, you would take li~c trade-in on it. NOW<br />
7 Q, t hw did you know what Ihc MSRP price W;IS at 7 you don’t cvcn want my motorcycle. Now you tlw’r want 10<br />
X llinl time? x take ;I trade-in. All you W;II~I IO do is charge me this<br />
Y A. fSccau.se I had ~1 hnrnd new hroclmrc. Every Y extra price over and ahovc MSRIJ. I s;rid I think that’s<br />
0 year I get a hroehure on the hikes that come out. When 1 IO really had.<br />
I got my ‘Y7, I had ;I ‘Y7 hrochurc. When the ‘9X came out, I 1 I All you ever get its answers for my questions<br />
2 bad ‘YX brochure. And I had a brochure on 1l1c ‘YYs. 12 is, If you CIOII’I wanl il, we’ll give your SSOO hack. We’ll<br />
3 Q. Who called you on the phone tlrut time? I 3 sell it to somebody else. They don’t want to deal with<br />
4 A. I believe it was Dick Grecman. 14 you. So that’s wbal I said, Well, let mc talk IO 111~<br />
5 Q. And when you told him that wasn’t MSRP. did I 5 manager. I-it said, (.)kay, we’ll go gel Kevin.<br />
6 you tell him -- 16 So WI: wed in IO Kevin’s whalcver -- I don’t<br />
7 A. I said, Why is the price so high? That’s way I 7 know if that was his office, some back room there<br />
8 over MSRP prior. 18 someplace. And we sat and ha&led there for, I don’t know,<br />
9 Q. What did he say? 19 a half-hour or an hour about the prior. And I called other<br />
‘0 A. That’s what he said. He says, If you don’t 20 dealers, and I knew what they were selling over MSRP. And<br />
I want it, then we’ll sell it to somebody else. He said you 2 I their price was ridiculous. He said, Well, everyone has<br />
.2 can come down and get your $500. 22 their own price. They can -sell what they want to.<br />
:3 0. What did you tell Mr. Freeman’! 23 Q. Let me back up. You were aware that all the<br />
.4 A. I said let me think about it. 24 other dealers were also selling over MsRP?<br />
.5 Q. Anything else? Did you tell him anything 25 A. At that model, yes, they were, yes.<br />
Page 38 Page 4C<br />
I other than that? I Q. And I want to make sure we’re clear here.<br />
2 A. At that time, I don’t think I did. 2 Were you just upset that you thought you were paying too<br />
3 Q. Okay. What happened next? 3 much for this motorcycle’?<br />
4 A. Well, 1 don’t remember how many days it was 4 A. Yes, too much over MSRI’. yes.<br />
5’ that I went down. Then my daughter, 1 told my daughter 5 Q. Was there any discussions at that point about<br />
6 about that because she bought all her bikes down in Iowa 6 what had or had not been promised IO you?<br />
7 and she knew what the prices of the bikes were. And she 7 A. Well, yes. I just understood 111at I was going<br />
8 said that’s ridiculous that you’t~ paying that amount of 8 to pay MSRP when it came in. Zhat’s all I planned on<br />
9 money, especially after you’ve been doing all your business 9 paying. That’s why I was shocked when il was wdy above il<br />
0 with them. She said when you bought, you to&d. You 10 Q. Again, was that just what you understood or<br />
I I didn’t have much money. ‘Ihey told you it was going to be 11 hadthatactuaIlyb&npromisedtoyou?<br />
I2 MSRP. And I didn’t want to even buy that much expensive 12 A. I told you. Dick Gtwzman, that’s what he<br />
13 bike at that time. And she says I think that’s a hardship 13 said. I went by what his word was.<br />
14 cm you. I don’t think tha& right, and I’m going to go 14 Q. Was that brought up at all as part of your<br />
IS downthemandtalktothom~ SbesaidIcantaIktoKevin. 15 conversations witb Mr. Kuelbs?<br />
16 I’ll talk to hi+ She said she didn’t know anything about 16 A. Yes, it was. IL-<br />
17 Dick Gnzemaq but she said I can talk to Kevin. 17 Q. Whatwassaid?<br />
18 So I don’t know. Maybe she knew him before. 18 A. I said I thought I was supposed to be paying<br />
19 I don’t know. But anyway, so then she went down there with 19 this MSRP price, what the brochure says. Why is it so<br />
RI me when we decided to go down there to get it. And then 20 high? He said our markup, we can charge whatever we want<br />
11 that was when we decided to, after we talked in Kevin’s 21 If you don’t want to buy it, we’ll sell it to somebody<br />
12 oftice for I don’t know how long, we got kind of hot and 22 else. And I said, Well, then I’ve got to wait another four<br />
23 heavy. 23 years for another bike. That don’t .seem right.<br />
24 And when I talked lo Dick Grecman at first, 24 Q. What Mr. Greeman pa-l of that conversation?<br />
25 the way it aclually came out when I went in his office with 25 A. Yes, be was.<br />
&ge 37 - Page 40 Kirby A. Kennedy & Associates (952) 922-1955