The first two iterations of Microsoft’s Surface headphones are reportedly breaking, in violation of the implied warranty of merchantability. Many people who have purchased either the Microsoft Surface 1 or Surface 2 headphones, costing between $170-$250, complain that their headphones have snapped at the connecting band (the top of the headphones connecting the left and right ears) from normal use.

Microsoft has apparently replaced some customers’ headsets for free, though they have refused to replace other customers’ headphones, and are not acknowledging that the breakage is an issue of defective design. Other customers are being charged $159 to replace the broken headphones.