If BMW have decided to replace the powertrain surely they have done all they can to rectify the problem. If you reject this option then they possibly will say you are being unreasonable.
If BMW have decided to replace the powertrain surely they have done all they can to rectify the problem. If you reject this option then they possibly will say you are being unreasonable.
I think that is where I would be on this. They have offered to fit a new engine and box which should sort the issues albeit a few months later than they should have done. All the warranty on these items starts again so you would be good to go. If you want to keep the bike, why wouldn't you be happy with this option?
OPTION 2.... Take any spec TE available

I think that is where I would be on this. They have offered to fit a new engine and box which should sort the issues albeit a few months later than they should have done. All the warranty on these items starts again so you would be good to go. If you want to keep the bike, why wouldn't you be happy with this option?
Send Steve Bellars at BMW UK an email, and negotiate directly, with the main man.
Ding Dong has his email address.
Take a new bike
I'm sure others would not agree, if it were my decision, I'd take the option 2 you have been offered, a replacement TE and then if you are not satisfied with that bike either ask for another, or sell it and move on.... life too short.
.PS.
No need for lawyers.
I spoke at length with an expert from the trading standards regarding a similar thing, technically to reject a vehicle it should be done within the first 6 months BUT if the supplying dealer and the manufacturer are aware of ongoing and continuous problems prior to the 6 months deadline and have been give reasonable time an chances to make good the problems and have failed to do so to the customers satisfaction then the vehicle can be legally rejected after it is 6 months old.
Contact trading standards and speak to someone who specialises in such matters , have on hand all of the dates and times and mileages at which the supplying dealer was made aware of problems and any communication from the dealer and BMW and they will advise you on the process of rejecting a vehicle and what you need to do from there