2004 BMW X-3 issue(s)

Looking to see if anyone has had this issue.
During cold starts, transmission does not engage immediately. I need to get the engine up to 6500 RPMs and the transmission will "pop" into
action. Sometimes with break neck action.
Only happens on cold starts. On occasion, the "cog" fault idicator on the dasj will light up and stay on until I shut off the vehicle and restart it. When that happens the vehicle will not come out of 1st gear.
I have been to the dealer 3 times so far and they have acknowledged the fault and experienced the problem. They have stated the the software download to the module (module - generic term for what?) was not taking. Has to send the module to the factory for the software update.
Anyone else having / had any issues?
One more time and I am going to investigate a Lemon Law case.
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I had the same issue with mine. The rebuild of the module fixed the issue. You can bypass the issue by making the first cold shift from 1-2 in the manual mode.

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