Not to heap all the blame on BMW: Many years ago, over the course of a few years, I had issues with two unrelated motorcycles and they both happened to have been Honda's. We as a dealership were not able to get either unit to run correctly. Honda's regional service rep was not able to get them to run correctly. Both examples went on for longer than 3 weeks and as we neared a month I felt the customer had been patient enough. Honda wasn't willing to hand out a replacement unit to either customer as they felt if man made it man can fix it. No doubt that is a valid statement but what about the customer who laid their money out for the purchase... how long should they wait for repair? No answer was forthcoming.
I, meaning the dealership, gave both customers brand new replacements as the OEM continued to wallow in the decision making process. The problem units were eventually repaired and there were no further issues with either one of them. We lost whatever we lost on each of those units but that falls under the belief you must operate your store in a profitable enough manner to take care of customers properly. To do otherwise isn't fair to the customer, employees or the dealer principle.
By the way, as far as the S1000RR issue was concerned, the dealer did hand out a replacement unit prior to BMW decision making taking place.
The above examples are why we have Lemon Laws. If the dealerships involved here had waited for the OEM decision making process to arrive at a conclusion the customers would have had to wait even longer to know what was going on. This is after all 3 customers had fully paid for their brand new motorcycle purchases. Sad to say but these laws were put in place because many dealers out there would have done zero for the customer and left it up to the OEM's involved.
What a wonderful world we live in...