NHTSA Complaint #10371114 — 2009 DUCATI 1000GT

I'M RESUBMITTING THIS COMPLAINT AS I'M UNDER THE IMPRESSION MY PREVIOUS ONE FOR THE SAME CAUSE WAS NOT FILED. ISSUE IS I NOTICED A DEFORMED/LOOSE FUEL TANK ON MY BRAND NEW, 2009 DUCATI GT 1000 MOTORCYCLE UPON DELIVERY FROM THE DEALERSHIP. THE TANK HAS EXPANDED AND IS NO LONGER SECURED BY IT'S TWO FRONT BRACKETS (TWO OF THE THREE SECURING POINTS FOR THE FUEL TANK). THE TANK MOVES/WOBBLES APPROX HALF AND INCH TO THE LEFT OR RIGHT, AND A SINGLE REAR BOLT IS KEEPING IT ON THE MOTORCYCLE. I BELIEVE THE TANK IS LIKELY TO FLY OFF IN THE EVENT OF AN ACCIDENT SO I HAVEN'T RIDDEN THE MOTORCYCLE AND INTEND TO RETURN IT TO THE DEALERSHIP UNDER "BREACH OF WARRANTY". DUCATI'S LIMITED WARRANTY ON EMISSION APPLIES TO THE SALE OF MOTORCYCLES DESIGNED, BUILT AND EQUIPPED TO CONFORM AT TIME OF RETAIL PURCHASE TO BE FREE FROM DEFECT IN MATERIAL AND WORKMANSHIP WHICH WOULD CAUSE IT TO FAIL EPA REGULATIONS. "BREACH OF WARRANTY" IS THE DETERMINATION THAT A STATEMENT AS TO TITLE OF PROPERTY, INCLUDING REAL PROPERTY OR ANY GOODS, IS PROVED TO BE UNTRUE, WHETHER INTENDED AS A FALSEHOOD OR NOT. IT CAN ALSO APPLY TO AN ASSURANCE OF QUALITY OF A PRODUCT OR ITEM SOLD. THE PART MAKING THE WARRANTY IS LIABLE TO THE PARTY TO WHOM THE GUARANTEE WAS MADE. IN MODERN LAW THE WARRANTY NEED NOT BE EXPRESSED IN SO MANY WORDS, BUT MAY BE IMPLIED FROM THE CIRCUMSTANCES OR SURROUNDING LANGUAGE AT THE TIME OF SALE." THIS IS ALSO THE REASON FOR 22 NOVEMBER CLASS ACTION AGAINST DUCATI NORTH AMERICA FOR CONTINUING TO SELL THESE MOTORCYCLES WITH DEFECTIVE FUEL TANKS. *TR