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There is a 1yr manufacturers warranty, I think there's typically about 2 or 3 month leeway added in, I would try to RMA anything you can. Since ours aren't covered under smartnet either, I have to call or use the chat from the Cisco website to try a...
We too have the issue with the phones getting stuck to one AP, we're running sip8821.11-0-5-17 and sip8821.11-0-5SR1-4, and have had this happen with both FW loads.