Defective shuffle (big surprise) getting a new one

i HAD the 1yr warrantee for my shuffle, towards the end of the term, it went haywire as I'm sure EVERY shuffly owner has experienced (flashing lights, just doesn't work anymore). I sent it in and got a new one free of charge. NOW my second one has gone to crap, but my warrantee is up. I called apple and I couldn't get ANY answers from them at all, just "did you try troubleshooting?"
If I send in my second defective shuffle (the one they sent as a replacement) will I be charged the 80 or however many dollars for the repairs? This IS a DEFECTIVE product that they sold to me (originally, then sent another to replace it) so I have every right to a replacement.
Does anyone know cause it just says the IF the product's condition is not covered under warranty (i don't have it anymore anyway) that it's an $80 (i think) repair cost. So... am I just screwed here?
You can't buy the apple care plan if your warranty is up either can you?
Thanks!!!!
12 Powerbook G4   Mac OS X (10.4.1)  

Enter you replacment Shuffle's serno into the block on the iPod Shuffle Support Page; you'll get a display telling you whether or not it is covered, whether or not you can still get AppleCare for it, etc.
Sorry, but I haven't shared your experience with the Shuffle; my original one's still going strong in month 15, the 'broken' one I bought off eBay turned out to be and still is perfectly okay, and we just don't hear much from the several million Shuffle owners who aren't having any problems at all.
All we know for sure is that you've managed to break two of them now. If you manage to get a third one, and it also turns out to be "defective", you should seriously consider one of two things: Either buy lots of lotto tickets or don't, under any circumstances, go outside in thunderstorms.

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