Doesn't hurt to ask, but the chances of getting a free seat for a ten year old vehicle are very low.

The reported problems with seat heater elements have generally been that they develop a short in the pad and get too hot in a very localized area, not that they come on without the switch being turned on.

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2007 X3 3.0si, 6 MT, Premium, White

Retired:
2008 535i, 6 MT, M Sport, Premium, Space Grey
2003 X5 3.0 Steptronic, Premium, Titanium Silver
2002 325xi 5 MT, Steel Grey
2004 Z4 3.0 Premium, Sport, SMG, Maldives Blue