Austria is in Europe, it's a European bike.
Anyway, I'd tell him to lay it on it's side and pull the plug out to get a sample. If there's metal on the plug take it and the oil sample to the shop and get your money back and two filters and two liters of gold.
If they don't own up I'd take it up with KTM in Indiana or Iowa or wherever corporate is. That's disgusting customer service.