did you return the EB8 to neptune for service prior to it failing after warranty?
if so, i'm on your side, they should have fixed it, and it shouldn't have failed again within a year of repair, and I think you would have a case in court where the replacement did not live up to the original product's stated warranty, even if they didn't specifically provide an extension on warranty of the replacement.
however, if the EB8 has been working, and stopped working when it was already out of warranty, i find it hard to stand on your side. I sympathize, but do not support your position. you know how many electronic items fail right out of warranty? you know how many phones basically die a natural death after 2 years (oh, happy days, you qualify for a new device with 2 more years of contract!)?
yeah, just because others have the same problem, doesn't mean it's Neptune's responsibility to fix it if it's out of warranty.
BILLIONS of people have something "fail" out of warranty every year, and replace it on their own dime - they're called tires.
if you're saying there's a fundamental design flaw with the EB8 though, i'm all ears, because i'd want to know if there's something wrong with mine. so far, it's working fine.