@TPG:
Don't throw it away! Simply, take the disk they're offering you, and if the new will fail again (you have to make it fail before 30 days of getting it) you'll have to take it back, and tell them that this time it's less than 1 mth, and you demand other manufacturers product..
Yes, I know, it's stupid, but my buddy did this and he gota Western Digital 20GB larger (he had to pay 20bucks more)..:-D :-D
But then you'll have to abhor with the other Maxtor disk about a month..
:-)