Unfortunately it is a little more than annoying. It was -29C outside and my wife was supposed to drive 300km for a business meeting. If this HAD occurred while underway on the road BMW has 'said' that there is no way the diff oil could syphon or get too low to be a safety issue and 'should' be okay to operate. I am pretty sure they may not stand by those statements in a court of law.

As to the 'Lemon Law' - no I don't have that. After the first episode at 300Km I met with the sales management team at my dealership and offered to trade the vehicle back (since it had almost no Kms on it and was... new) and would even go up a level and purchase a new X5 since there was no parts commonality and I now miss-trusted the basic design. They could sell the same vehicle twice and get commission twice, etc. They declined and played hardball saying my X3 had devalued $20,000 and in any case they didn't want it back at all and that I was welcome to sell the X3 on the open market.

Now we have failure round two because they were disingenuous and did not in fact fix anything. If this is truly due to cold weather then why do their ads on TV and magazines show X3's full of happy families going skiing. Sorry but it tends to get cold in Canada (and dozens of countries around the world) so any issue that causes the vehicle to be unusable as method of transportation just because it gets cold is IMHO very serious.

I do believe that automobile manufacturers have been putting differentials in cars since the beginning when they found out one could not negotiate a corner without something to alter rotational speed of wheels on either side of the vehicle. This is not new technology. BMW should be ashamed. <END RANT>