Thanks for the suggestions.
The dealer wanted $360 + tax last month to replace the battery. I ended up buying a OBDII memory saver with built in battery and bought the batter over the counter at the dealer for $140, so I really doubt they will do anything for me even though I bought the car from them.
I guess I didn't do my homework before I bought the ML320, I was spoiled after driving various W111,W109,W123, and W126 models.
It's not a horrible car, just no better than any other midsize suv. I got what I paid for.