Day 100 - 09 Mar 95 - Page 42


     
     1        their production line that meets that specification.
     2
     3   MR. JUSTICE BELL:  That is a different point to Mr. Morris'
     4        point.  In fact, it is not rejected by McDonald's at all if
     5        it fails any one of these 36 checks -- in fact, there are
     6        38 there and more are added later -- it is not rejected by
     7        McDonald's at all if it fails any of those 36; it is, in
     8        fact, rejected by McKey's.  Maybe you say:  "Well, the
     9        MacFact card is working in shorthand"?
    10        A.  Yes, it should say rejected before it ever gets to
    11        McDonald's really.
    12
    13   MR. MORRIS:  Actually, I think McKey's may have been part owned
    14        by McDonald's at that time so it is, effectively, the same
    15        thing.
    16
    17   MR. JUSTICE BELL:  Yes, but it is still a separate company.  So
    18        do not go on to the McDonald's specification.  For
    19        "McDonald's" in the MacFact card read "McDonald's
    20        suppliers"?
    21        A.  Yes.
    22
    23   MR. MORRIS:  You have the same attitude to your specifications,
    24        do you, that McKey have to their specifications, which is
    25        that they are not actually specifications?
    26
    27   MR. RAMPTON:  My Lord, I do not know where in Mr. Kenny's
    28        evidence he has accepted that McKey's specifications are
    29        not McKey specifications, or are not specifications.  If
    30        Mr. Morris would like to point to a statement by Mr. Kenny
    31        to that effect, let him do so.  Let him not, however, put
    32        words in the witness' mouth.
    33
    34   MR. MORRIS:  McDonald's has specifications, does it not, for all
    35        kinds of things?
    36        A.  For the products that we sell in our restaurant we have
    37        specifications.
    38
    39   Q.   Do you take those specifications seriously?
    40        A.  Well, yes, of course.
    41
    42   Q.   Would you expect your suppliers to take their
    43        specifications for you seriously, their specifications that
    44        they do for you seriously?
    45        A.  I think -- can you just say that again because you are
    46        confusing me.
    47
    48   Q.   If McKey's have specifications which you quote in your
    49        MacFact card and tell the whole public in millions that
    50        they have 36 specifications and if a consignment fails any 
    51        one of those specifications it will be rejected ----- 
    52 
    53   MR. JUSTICE BELL:  The trouble is this is the whole point; it
    54        does not say 36 specifications.
    55
    56   MR. MORRIS:  It says a total of 36 separate quality control
    57        checks?
    58        A.  Exactly.
    59
    60   Q.   All right then.  This is the quality control checks, if it

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