Finally picked up the 40D on Monday. All issues sorted.
Twin-Turbo is great.

Any update MVDS on your 40D?

One word: LEMON

Sorry to hear dude.

Forget the sales guys, the delivery manager, the general manager, the service advisor etc., and speak directly to the dealer-principal (if you haven't done so already).

I contacted consumer affairs about my issues, and they said I needed to allow the dealer to 'rectify' the issues to my satisfaction. Failing that, I can take action directly with the manufacturer (BMW not the dealer). We're protected from these sort of dealer BS, especially with the ridiculous prices we pay down here.

**When you raise a complaint via consumer affairs they ring BMW(Australia) on your behalf. Suggest you get in contact with them.

This was my plan of attack if my issues weren't resolved.

Insist on an ex-demo 40D for a loaner vehicle and don't give it back until yours is resolved, as suggested by some members.

Good luck.

I hope the metallic whirring sound has been sorted on your 40D. I've had mine a year now with no issues, other than a bluetooth disconnect problem which BMW have fixed. My fan too overruns with plenty of heat and sometime smell being expelled. I design feature of the engine I understand. The only gripe I have is the overstated fuel economy figures which BWM publish, which was one of the reasons I bought this car in preference to an Audi Q7. Not a concern if you are a US driver (still equivalent to 40p per litre there!), but we're somewhat sensitive to fuel prices here in the UK (GBP 1.38 per litre). My 40d averages 27 mpg on a combination of country roads and motorway each day.

Otherwise the car performs very well and is great to drive, with great torque and superb road holding and no understeer. Off for 2 weeks in the South of France next month, so will give it a good trial on motorways and mountain roads.

Searching for info on this today as my 35D has started the same metallic whirring sound. Only when it's moving, when I slow to a traffic light it stops, but resumes under power. I've also noticed a burning smell when I park in the garage after the 10 minute drive home from work. And it's not spirited driving either...I'm beginning to get a bit nervous...

sorry to hear. i, from sydney, with a 4.8i.
i had other issues and got department of fair trade involved, my issue resoved now. do the same

Diesel noise and smell
 

In the manual, there is reference to the diesel particulate filter routinely burning off soot particles at high temperature and, "during cleaning periods of several minutes, the engine may run less smoothly, ..., noises and a slight amount of smoke may emerge from the exhaust even for a short period after the engine is turned off." Just an FYI.

I don't know what your worried about, you have 3 years warranty, when it breaks they fix it and you get a lone car. Sometimes its hard to fix a problem if the workshop computer is telling the tech's everything is as per the spec.

If a turbo lets go the computer will shut the motor down.

I blew the small radiator infront of the air cooled intercooler on the lefthand side under the fog light, BMW picked up the X5 with there truck, gave me lone car which was on the back of the truck when it arrived and by lunchtime the next day had my own X5 back.

When your X5 breaks down every second week and or its in the workshop for 3-4 weeks then I would complain. When the noise becomes very noticable and the BMW tech work out what it is they will replace it.

Remember the workshops and spares parts dept makes more money for the dealership than the Sales dept does? when there is someting to fix they will do it.

PS. Take it to another dealership.

Just an update on this. Transmission packed it in one week prior to the 3 year warranty. To BMW's credit they basically replaced most of the drivetrain. They gave me a loan car for the 6 weeks it took to get the parts shipped and extended my warranty by 12 months. Whilst I have had to suffer a lemon for 3 years, basically I have a new vehicle again. BMW Australia handled things very well and my loyalty to the brand has been enhanced.

I must say you're very lucky with BMW Australia 's response. I've suffered a suspension issue for 4 years since brand new and had to pull in department of fair trading to get it fixed. For the first four years i did not enjoy my car unfortunately. Issue was only rectified after 4 years, under warranty since mine was a well documented case since the car was new. I had written numerous emails to BMW NA, Aus head office and the dealers, this dragged on for years without much luck until fair trading got involved. Glad u got it fixed.
My first and last BMW.