I very much appreciate the replies.
The dealer was adamant about the 4000rpm limit and also about not staying at a set rpm but to 'exercise' the engine through the range. I have made sure the car is driven through the range and it does 'light-up' above 3500 so I know it is there when needed but getting there is a pain.
I'm sure the misting would not be an issue if the car performed correctly, however I have bikes, a '65 Merc and an aircraft that don't mist, not too sure why it has not been resolved.
I was unaware of the software upgrade, however the car is a month old so I would have thought it is at the latest state - I will now look into this.
One thing I will take forward from this is to use a 'local' dealer. I'm sure a quick solution would have been found with a chat to the engineer.