I calculated that from my original support ticket on their website it was 53 Days since I had received my miner and it had been 80 Days at the time they claimed I was out of warranty. Even taking into account that the warranty ran from the time of shipping it doesn't take 37 days to ship from anywhere to anywhere else and even 10 days would be a bit iffy.
In the end I got my new controller and my miner is up and running but I will continue to chase this with them but I would imagine that they will just ignore me from now.