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Yep - no doubt about it ES make great EPs at great prices unless you are unlucky enough to get the 1 in a million bad one off the production line and the fine print of the warranty doesn't sound like you have much recourse.
Tony, rather than going 'legal' it might first be worth the time of an email (and maybe a picture) to the folks at ES to simply tell them your story/situation and see what they have to say. They don't strike me as a bad outfit and a combination of brand pride and marketing promotion might inspire them to supply you with a replacement rather than have some antipathy circulating in the astro community over one faulty EP.
It is worth a try.
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