BMW of North America will not replace/repair my remote key

[igorbmwx6]

In a way this is very funny story, in a way you don't expect this kind of service from a BMW. I have a 2008 328i, which is still under warranty (mile/year). Remote access key, which came with the vehicle is working/not working intermittently. I called Peter Pan BMW in Bay Area and was asked to bring the car in. I did, waited for 1 1/2 hrs just to get the same key/remote back with "we cannot reproduce this problem, here is your car and key back". Since then, I've purchased a brand new key/remote from BMW and the 2nd key is working 100% of the time. This tells me that the issue is not with the car but with the 1st key/remote. So I called BMW of North America to see is they help me resolve this issue and got the same answer, "you need to bring it in when it is not working, when it is working there is nothing we can do". Now I have two keys, one original, which is working intermittently and one newly purchased one, which is working 100% of the time. Can someone suggest what can I do to get the original key/remote either repaired or replaced? BMW is not willing to do it, unless the key is not functioning when I bring it in to the dealership. Thank you.

[igorbmwx6]

Finally, today I've got a call from Peter Pan BMW, they told me to bring in my 328 one more time and they will make an exception and will replace my bad key/remote. I still cannot believe that they would get this far with such a small issue. After all, I expected much more (better service and treatment) from BMW than what I experienced ...