My '06 K1200S 2nd gear transmission failure described in this thread: http://www.k-bikes.com/forums/showth...0&page=1&pp=10
Entire transmission replaced under warranty at about 8,000 miles. Bike was in the shop twice for a total period of about 5 weeks until it was fixed. Like your situation, they weren't highly motivated to undertake drastic surgery until they could reproduce the problem on demand. The general initial response was "no ECU error codes = no problem".
I just kept driving it, the problem got gradually worse and more consistent until they could reproduce it. By that time the gearbox had gross damage, as described in the above thread. However it's likely the only solution was total replacement anyway, even if undertaken earlier.
My main concern is the dealer had no apparent guidance, technical bulletins from BMWNA, and no way to query an incident database for number of reported failures matching this description. Each dealer service manager is essentially an island to themselves with only tenuous verbal support from the factory. For each problem like this, each dealer service manager is starting from scratch, having no outside pooled knowledge except by informal phone contacts with other dealers and a tenuous, difficult-to-reach phone contact at BMWNA. There is no technical bulletin on the transmission problems, so no help there.
There should have an incident database all dealer service managers can access which is updated daily that shows developing problems and trends. The service manager should also have quick turnaround email access to the highest levels of BMW technical support.
This isn't an individual dealer problem, although some dealers are more responsive than others. It's a Motorrad corporate problem of inadequate support tools for the dealer network, and "too little too late" corrective steps.
Furthermore, once a major problem like this develops, BMW Motorrad needs to step up to the bar and totally resolve it.
An better example of how to handle it is the BMW car division's handling of the e46 M3 engine problem where many owners had spun bearings that required total engine replacement. BMW fixed the problems including all parts and labor, whether the original warranty was in effect or not, PLUS extended the e46 M3 warranty to 6 years and 100,000 miles, whether the car experienced the problem or not.
Why would they do that? Because once a certain critical mass of failures happens, you reach a "tipping point". Technically sophisticated dissatisfied ex-customers become active evangelists against the company and its products. This extends long after they no longer own the products.
To avoid this, when you totally screw up as a manufacturer, it requires commensurate corrective measures.
On a product/mfg level, it should also entail specific steps to ensure it doesn't happen again. On support level, it should include improved support and troubleshooting tools to ensure more rapid, accurate and consistent problem isolation by the dealer service network.