Alright he didn't paid either so thats why he doesn't care.
Ok, I take that back looking online I realized Mario Andretti doesn't care if your bike explodes or catches on fire because he sued Powersports Factory as well, so more than likely he's upset about this to. Not only is it defective he didn't get paid. THIS IS ALL PUBLIC RECORD
On May 16th, 2010, we were served with a suit filed by Andretti IV, LLC, which has licensed to us, pursuant to Licensing Agreements, certain rights to use the “Andretti” name in connection with the branding and sale of our “Andretti Benelli” and “Yamati” lines of scooters. We have been in default of our obligations under the Licensing Agreements at various points in the last several years, and have been engaged in settlement agreement negotiations with Andretti IV, LLC at various times up to recently. Andretti IV, LLC terminated the Licensing Agreements on February 1, 2010. The lawsuit names the Company, Shawn Landgraf (our Chief Executive Officer) and Steve Rubakh (our President) as defendants, and seeks payments owed under the Exclusive Licensing Agreement, damages for fraudulent inducement, misrepresentations, damages to the Andretti IV name, goodwill and reputation, and preliminary injunctive relief to prevent further use by us of Andretti IV licensed rights.
http://www.faqs.org/sec-filings/100415/Power-Sports-Factory-Inc_10-K/
In the recent months, several dealers and consumers have contacted MRP regarding a leaky gas tank on the 2008-2009 Benelli Andretti Pepe models in the USA, also known as the X50 BENELLI X50 OR QUATTRO NOVE. We have received enough questions and phone calls regarding this matter, that we felt it necessary to make this post, as there may be some dealers and consumers unaware that their gas tank is leaking. Therefore, in the interest of safety, we feel it is important for consumers and dealers alike to inspect the X50 models and make sure their tank is not leaking. To our knowledge, this is not an official warranty issue, nor has there been a recall issued by the distributors and/or the manufacturer.
The issue related to vehicle defects becomes complicated. NHTSA (www.nhtsa.gov) is typically very involved as well as the CPSC (www.cpsc.gov)
The fuel tanks on scooters is probably regulated by each of the agencies plus the lemon laws in each state since these vehicles were financed by a bank the bank is typically liable if they were notified at any point in the process of the fact that the gas tanks leaked gas or if at any point they became aware there was a defect and did not take action with the distributor or insurance company they were financing. In this case any backer of PSF and the company that does the product liability insurance. I think that the longer the issue goes un addressed the larger the investigation and more complex the issue will become. In the event that a consumer complaint is issued or an injury occurs the importer / distributor and manufacturer will have very significant liability and will get worldwide scrutiny for the current importer, as well as past affiliates.
The smart thing is for the manufacturer to proactively resolve the safety issue and to make the customer's happy in the process.
http://www.cpsc.gov/CPSCPUB/PREREL/PRHTML95/95101.html
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