One question no one asked is, if you do decide to trade it in what are your reasons for such a big jump to an XU6168CPS?
The XU series are not hydrostatic like the 4040. The XU does have greater loader and 3 pt lift. The XR4145, 4150, 4155 are available in hydro with more HP than the 4040 with the same loader and 3 pt. capacities.
Hopefully replacing the ECU your Dealer has ordered will solve the problem.
Have you asked the dealer what happens if the ECU doesn't solve the problem. At that point the Dealer or LS should be willing to take it back or offer you full value on a trade in or propose some other solution.
Great questions. After doing what we could with the 40HP/30 @ PTO, I found that it was just too weak. Things took multiple passes to complete, esp in our heavy red clay. I wanted something much bigger but still with some maneuverability. Also, a cab would be great to combat all the pollen so my allergies don't go crazy anymore when cutting. Currently, I would wear a N95 mask to cut, but my eyes still got watery, lol.
As for what happens if the ECU change doesn't work, I was told by the mechanic that LS would likely exchange it with another tractor, but he did tell me that the decision was past his pay grade, lol. I haven't had that statement confirmed by the manager yet, though I suspect they will do what they can to make things right. They have been accommodating so far.