Faulty LiveScribe pen

I bought a 4GB LiveScribe pen from Amazon uk on May 11th. The first time I used it worked but repeatedly refused to allow me to register online. The second time I tried to use it refused to record audio and it continues to refuse. I phoned the LiveScribe support number on June 22nd and after navigating my way through several "press 1 for this, press 2 for that" menus I spoke to a human being. I was asked to send details of the pen, my computer (a bog standard MacBook Pro), and a log file. I did this immediately.

It's now June 29th, seven days later and I have heard nothing. Not even an email acknowledging receipt of the details I sent. So I rang again today. I spoke to the same lady in technical support. She explained that she had forwarded the information I sent to technical support but that they were backed up with work which was why no one had got back to me yet. This doesn't sound promising - John Seddon would call that Failure Demand.

She said she would escalate the case and promised someone would contact me tomorrow. We will see. Stay tuned!

Thinking ahead - I'm wondering how long should I give them to fix it. And if they can't whether I'll ask for a replacement or a refund...

Update. They called back as promised. They talked me through doing a firmware upgrade (which I had already tried to run and fortunately still had in my download cache). Part way through I got a message saying "your pen is not recognised". Despite appearances I was told this was not a message from the firmware upgrade, but from livescribe desktop which was also open. And on a manual firmware upgrade the livescribe desktop can apparently interfere with the firmware upgrade (which is no doubt what happened to me the first time). So I closed livescribe desktop and restarted the firmware upgrade. And this time it worked! Hoorah. I have audio recording back. So less than top marks for it not working first time, but nearly top marks for helpful support.