If you have the time and funds, you might consider getting a lawyer familiar with the Magnuson–Moss Warranty Act.
While most people would assume an engine tune voids your warranty, it's pretty clear that the tune has nothing to do with the S65 rod bearing issues unless there is evidence of severe detonation. The burden is on them to prove that it was caused by the tune.
I'm not sure how likely success is, but for 25k I'd fight hard. BMW knows this is a design flaw, they are just looking for a way to screw you.
While most people would assume an engine tune voids your warranty, it's pretty clear that the tune has nothing to do with the S65 rod bearing issues unless there is evidence of severe detonation. The burden is on them to prove that it was caused by the tune.
I'm not sure how likely success is, but for 25k I'd fight hard. BMW knows this is a design flaw, they are just looking for a way to screw you.

