The smartcover has damaged my iPad, is Apple liable for this?

The apple smartcover I purchased with my iPad has over the past few months been creating a dent where the magnet goes. It looks like someone has drilled into it slightly. The aluminium that has been taken off the iPad has been penetrated into the smartcover.
As one or both things are not working properly, is apple liable to fix this or give me a new iPad and smartcover?

for some reason it wouldnt let me upload straight to here, but heres what it looks like.
[IMG]http://i40.tinypic.com/1t68on.jpg[/IMG]
[IMG]http://i39.tinypic.com/4voj0i.jpg[/IMG]

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The smartcover has damaged my iPad, is Apple liable for this?

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