I can see your point! However in a court of law you would still probably lose....
If you rode your "R" legally on US roads then you could never ever get close to those limits. Flogging the" R" hard on the the street can get you a huge fine, land you in jail and probably lose your license if your caught. Ducati and all the sport bike manufacturers know that you probably won't temp fate too often and bet on the numbers that you will get past the time/ miles set forth in the warranty before something major breaks.
BTW ..I should have lost my license many times over in the past but I'm just saying it's a moot point to a judge.
From my experience in the past IF you keep your bike completely stock and/or only use the factory performance parts installed by the dealer then your okay. Once you do a custom tune and/or use aftermarket parts or have someone else install the parts, (including yourself) then the manufacturer is off the hook. If an original part was found to be defective or showed poor workmanship and it caused a failure your covered. Also look at the fine print of the factory performance part instructions as I have seen it mentioned that since the part is "Intended for closed course competition use only" it will void your warranty on the assy it is attached to. In other words if you blow a fork seal but let's say did an aftermarket tune and exhaust then the fork seal is still covered. Spin a bearing or drop a valve on the same bike and your on your own...Now if the dealer installed the factory DP exhaust with included tune then you might have a leg to stand on.
Best advise I can give is to develop a good rapport with your dealer and ask ahead of time if you add a major performance part how will it affect your warranty.
Marketing hype seldom ever stands up in court though....They all do it but it won't hold water legally.
As for me I'm going to mod the hell out of my new bike regardless....Hope to meet some you at the ridge.
Ya know...Maybe we should start a warranty thread and then make it a sticky.
