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I am sure that if an item is defective out of the box it is a defective product and not a waranty issue and should be refunded or replaced with a new one. Waranty only applies when a fault develops after a period of use. I have taken many things back for a replacement that didn't work properly from new. There is usually a period of a week or two after purchase to do this. Check the companys web site they should have a terms and conditions page to explain their returns policy. Sometimes you need to make a bit of a rant to be taken notice of. The company will always take the easy way for themselves. If they give you a replacement then they have to deal with the dud and are short one saleable item themselves.
Good luck
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