The Administration of Superbike Factory Limited (“Superbike”)
To all those affected,
Introduction
We are sorry to hear of the troubles you are facing following the Administration of Superbike. We have received a number of enquiries following our Managing Partner Gavin Grewal’s video on 44Teeth. We understand from these enquiries that, largely, consumers have found themselves in one of two situations: –
1. You have purchased a bike from Superbike, but did not receive the bike before the company went into Administration; or
2. You sold a bike to Superbike but did not receive the funds before the company went into Administration
This article provides some advice on the above two situations and the next steps you could take. In the first instance, we advise that you each ask the Administrators for a copy of your contract, if you do not already have a copy. The advice below is dependent on the precise terms of your individual contracts and therefore caters for alternate outcomes.
What Administration means
When a company enters into Administration, it means that the company has entered a legal process whereby the aim is to either save the business from collapsing, or, if this is not possible, then to close down the company and sell all the assets to the creditors. The company’s directors and managers no longer have control over the company; this role passes over to the Administrators who are formally appointed to deal with the Administration process.
The assets of a company are everything that the company has legal title to i.e. legal ownership. The assets are distributed in accordance with legal rules which provide a hierarchy of creditors and determines who gets paid out first. For example, secured creditors, such as a lender who has granted a mortgage, ranks in priority to an unsecured creditor (i.e. someone who has not been provided security for the debt).
For those who have purchased a bike
Relevant Contract law principles
We are of the view that the principles of contract law, specifically transfer of title of goods (i.e. the transfer of legal ownership of the goods), is especially relevant to your situation. However, as we have not seen your individual contracts, our advice is very limited and caters for alternative outcomes (below). We understand that the Administrators are currently investigating numerous claims in relation to bikes that various consumers have purchased from Superbike. As such, it will be a decision for the Administrators about whether legal title to each individual motorcycle had passed to the company before it went into Administration.
Under general principles of contract law, title of goods is transferred in accordance with the terms of the contract. For example, if the contract stated that title was passed from the moment you paid for bike, then title would have passed at this point. However, if the contract stated that title is only passed when you collected the bike, then title would not have passed to you until you collected the bike.
Based on the above, there are likely to be two possible outcomes (after the administrators have completed their investigations): –
1. If the legal title to the bike is not deemed to have passed to you before Superbike went into Administration, then it is likely that the bike will still be owned by the company. In that case, you will likely have an unsecured claim as a creditor of the Administration. This means that you would rank last (amongst any other unsecured creditors) when the Administrators are distributing the company’s assets to satisfy debts.
2. If the legal title to the bike is deemed to have passed to you before Superbike went into Administration, then it is likely that you will be regarded as the legal owner of the bike and therefore have a right to collect the bike.
Whether option 1 or 2 applies to you is dependent on the terms of the contract; the terms will determine if legal title of the bike passed to you before the Administration. As we do not have copies of your individual contracts, we are unable to advise you whether legal title passed to you before the Administration. This will be the subject of the Administrators’ investigations, so we advise that you wait to hear from them further following their investigations.
Credit/Debit card chargeback
In the event that you are unable to get a refund or your bike back, you could try and get a Chargeback from your credit/debit card company. We have pasted a link below to the Money Saving Expert website below for further information: –
https://www.moneysavingexpert.com/reclaim/visa-mastercard-chargeback/
Please be aware that chargeback only applies if you paid via credit or debit card. Chargeback does not apply to bank transfers.
Timeframes for chargeback vary but are typically 120 days. We advise that you not delay in pursuing this avenue.
For those who have sold a bike
Relevant Contract law principles
We are of the view that the principles of contract law, specifically transfer of title of goods (i.e. the transfer of legal ownership of the goods), is especially relevant to your situation. However, as we have not seen your contracts, our advice is very limited and caters for alternative outcomes (below). We understand that the Administrators are currently investigating numerous claims in relation to bikes that consumers have purchased from Superbike. As such, it will be a decision for the Administrators about whether legal title to each individual motorcycle had passed to the company before it went into Administration.
Under general principles of contract law, title of goods is transferred in accordance with the terms of the contract. For example, if the contract stated that title to the goods is transferred when Superbike collect the bike, then it is likely that you would no longer have legal title to the bike from the moment it is collected. In contrast, if the contract stated that legal title only passes once the company has paid for the bike, then you would likely still have legal title to the bike up until the company pays you for it, even if it was collected sooner.
Based on the above, there are likely to be alternative possible outcomes (after the Administrators have completed their investigations): –
1. If the legal title to the bike is deemed to have passed to the company before the Administration, then it is likely that the company will have legal ownership of the bike. In that case, you will likely have an unsecured claim as a creditor of the Administration. This means that you would rank last (amongst any other unsecured creditors) when the Administrators are distributing the company’s assets.
2. If the legal title to the bike is not deemed to have passed to the company before the company went into Administration, then you will likely remain as the legal owner of the bike and should be able to get the bike back.
Whether option 1 or 2 applies to you is dependent on the terms of the contract; the terms will determine if and at what point legal title passes. As we have not seen your contracts, we are unable to advise you whether legal title passed to the company before the Administration. This legal point will be the subject of the Administrators’ investigations.
Google search findings
We have conducted some initial research and have found an article which states that Superbike’s terms and conditions appear to have changed from 13th May 2026. However, please note that we absolutely cannot guarantee that these terms are correct as we have not seen the actual contract itself. This is merely from an online article drafted by a consumer in a similar position to your own; hence why we have advised you at the start of this letter to get the contract from the Administrators. Our advice to follow is on the basis that these terms pulled from the online article are correct. However, if these terms are incorrect then our advice will of course be different. The author of the article wrote the following, amongst another things: –
“So I did a bit of digging, and managed to find WBAB’s Terms and Conditions using Wayback Machine [dated 13th May 2026] and noticed quite a significant clause:
“6. Conditions of Contract: We are able to confirm to our satisfaction that we will obtain full and unfettered ownership of the bike on payment of the Price;”
However, there is also this:
“7. Collection By, or Delivery To, Us: We will take title to and risk in the bike when we take physical possession of it.”
..Interesting.”
You will note from the above that the two terms appear to contradict each other. Clause 6 appears to suggest that legal title to the bike passes to the company when they have paid the seller i.e. you. In direct contrast, clause 7 appears to suggest that legal title passes when the company takes physical possession of the bike, i.e. collects it. When two clauses in a contract are in conflict, a Court would first look at the whole contract to see if they can find the real intent of the parties. If this does not resolve the ambiguity, then the court may favour a term that is worded in a more specific way, as opposed to a term that is worded in a non-specific way. In our view, clause 6 appears to be worded in a more specific way, due to the use of the words “full and unfettered”, which may well go in your favour. Ultimately, we cannot guarantee how a Court would interpret these terms.
Limitation – Very important – applicable to both scenarios
We have a duty to advise you that, if there is a breach of contract and you wish to start court proceedings, then these proceedings would have to be instituted within six years of the date of the breach of contract, unless the contract provides for a shorter limitation period. As such, We advise that you check the terms of the contract carefully and, if necessary, seek legal advice. After the limitation period lapses (whether after 6 years or a shorter period contained in the contract), you would no longer be able to start court proceedings.
Conclusion
Once again, we are sorry to hear of the troubles you are all facing, and we fully sympathise with your position. As we are sure you will appreciate, our advice is limited in nature and is subject to the precise terms of your individual contracts. We have provided some possible outcomes based on limited information. We understand that the Administrators are in the process of investigating the claims fully, after which we understand they will provide you with the findings of their investigations.
Remember, we are here if you need us. Meanwhile we wish you the very best of luck and look forward to hearing how you get on.
