well after a lot of wrangling

got a full refund off seller via paypal resolution

it was eventually agreed that the scope was faulty and he had passed it of as "near new"

so apologies to JSR they just wanted proof of purchase to consider warrenty position

watch out for a cheap 2nd hand one back on ####, it should go in the bin but i returned it as required

lets see how the replacement does, when it arrives

thanks for you comments
it could of been me ......but it wasnt ,,,,,,this time any way