Nokia :: N97 - Continuous Phone Failure

I bought the N97 in October 09 (its now Feb 2010) and since then I've had multiple problems with this phone and each time something different! This phone has been nothing but problems and each time I take it in to be serviced I get it back almost a week later and within 24hrs it has already died again and generally wont even go past the nokia screen when rebooted or will freeze up and not turn on at all. I seem to be constantly having software and memory issues as well as having problems accessing the applications and the touch screen being temperamental even tho I have asked for these problems to be fixed on each occasion. This time I went back to the Nokia Care centre and spoke to the Manager and all he could tell me was that he's done what he had to do and that he is not obliged to do anymore and I can keep bringing it back when it fails as it is under warranty.

I am highly disappointed in this phone, it has given me nothing but problems and even more annoyed and disappointed in the staff at the Care Centre. I actually wonder if they actually do check the phone and fix it properly especially since it keeps dying and I havent even used it. I also have a list of about 42 people who have had multiple problems and issues with their N97 and continue to have problems despite getting it serviced. Is anyone else in the same boat? How I can get out of my contract or actually get my phone fixed without having to go thru this again or being patronised by the store manager again?