Ducati Performance “racing accessories” are components:
- Designed for competition vehicles used exclusively on closed circuits or private roads (no use on public roads or streets)
- Whose use outside of closed circuits is prohibited by law and whose installation on bikes intended for road use is therefore not permitted.
THESE PRODUCTS ARE DESIGNED TO BE USED EXCLUSIVELY ON MOTORCYCLES FOR RACING COMPETITIONS ON CLOSED RACE TRACKS. USE ON THE ROAD IS NOT ALLOWED BY LAW.
1. I acknowledge and agree that the Ducati Corse or Ducati Performance racing component(s) indicated on the attached invoice and purchased by me (each a “Ducati Racing Component”) is(are) intended exclusively for use in closed race track competitions and is(are) not type-approved for road use.
2. Ducati Racing Components will convert my motorcycle equipped with such components into a “racing vehicle” according to applicable regulations, making it illegal to use the motorcycle on public roads. I declare and warrant to the dealer, Ducati ANZ Pty Ltd (ACN 636 589 430) and to Ducati Motor Holding Spa, that I will use the motorcycle equipped with the Ducati Racing Component(s) exclusively on legally authorised closed race tracks and not on roads, streets or highways used for public circulation, regardless of the location and always in compliance with the law.
3. Following the activation of the Ducati Racing Component(s) purchased by me, my motorcycle will be considered a vehicle for exclusive use on closed race tracks or off road. Any motorcycle used for racing competitions will invalidate the contractual Ducati manufacturer’s warranty on the motorcycle (“Ducati Warranty”).
4. For racing use, the Ducati Warranty on Ducati Racing Component(s) is limited to the absence of material defects upon delivery as new, not affected by the assembly of the Racing Ducati Component(s) and/or its(their) use in racing competitions.
Important Information: Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
5. I acknowledge and agree that racing and using a motorcycle not approved for road use on a closed race track or off road is an inherently dangerous activity involving the risk of loss of the motorcycle and/or personal injury, including death, to myself and others. I acknowledge that such risks include, but are not limited to, road surface conditions, debris on the road or track, other vehicles and other riders, spectators and pedestrians.
6. WITH REGARD TO THE USE OF THE DUCATI RACING COMPONENT(S) AND THE DUCATI MOTORCYCLE ON WHICH DUCATI RACING COMPONENT(S) IS(ARE) INSTALLED, I HEREBY WAIVE ANY AND ALL RIGHTS AGAINST DUCATI MOTOR HOLDING S.P.A. AND/OR ANY MEMBER OF THE OFFICIAL DUCATI SALES AND SERVICE NETWORK, INCLUDING BUT NOT LIMITED TO THEIR RESPECTIVE DIRECTORS, EXECUTIVES, AGENTS, EMPLOYEES, ASSIGNEES, SUCCESSORS, PARENT COMPANIES, SUBSIDIARIES AND AFFILIATE COMPANIES, PARTNERS, ATTORNEYS, INHERITORS AND GRANTEES - PAST AND PRESENT - FROM ANY AND ALL LIABILITY, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL CLAIMS FOR PERSONAL INJURY AND/OR DEATH, EMOTIONAL DISTRESS, LOSS OF USE OF THE MOTORBIKE, PROPERTY DAMAGE, FALSE DECLARATION, NEGLIGENCE, FRAUD, LEGAL FEES, COSTS AND EXPENSES AND ANY AND ALL OTHER CLAIMS AND/OR DEMANDS FOR ANY REASON WHATSOEVER WHICH MAY ARISE THEREOF, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHICH MAY NOW OR IN THE FUTURE BE DUE TO ME OR TO WHICH I MAY HAVE BEEN ENTITLED IN THE PAST.