Wait a minute. The frame on your 2010 came from the factory twisted? What did your dealer have to say about this?
That's a good one Conrad! I really had a good laugh from reading it.
Seriously, the dealers look at the bike and say "What problem?". They can barely be convinced to address blatant, obvious problems like warped brake rotors.
Yes, the rear section of the frame (small diameter, welded tubing) is twisted. It causes the rack to bend severely when bolted down. I had to add shim washers to use Phil's rack, as it warped it so badly (and my top case mount), that my top case would not even mount to the mounting plate. If I stand behind the bike, I can tell one saddle bag sits higher than the other. To most, it probably appears to be an optical illusion, but I have measured it to be certain.
I suppose if I could find a spec for frame dimensions with the max limits allowed by the factory, like they provide for automobiles, and prove to a dealer it was out of spec, then I could get them to fix it. I've never seen anything like this for motorcycles, and the 2010 FSM has nothing like that in it (that I have found).