This is what they wrote so I'm pretty sure I can't demand too much and definitely can't go to small claims.
"Your Gigabyte GA-965P-DS4, P965, S-775, PCI-E was sold with a manufacturers warranty, which after the first 30 days after sale (the DOA period), this warranty then only covers replacement (or repair in some cases) of the faulty item.
As your item became faulty 12 months after sale, we have to follow the manufacturers warranty guidelines and offer an equal specification replacement (we do not match on the price), so that when this replacement is fitted it will perform exactly as the faulty card did.
Unfortunately we aren’t able to offer an upgrade, other hardware as a replacement nor are we able to offer a refund after this length of time, as these options aren't covered by the manufactures warranty.
Please advise with an equal specification alternative suggestion, as your original card is no longer manufactured."
I will refuse their offer though and state the reasons you have given me WJA. Thanks.
If I could persuade them to give me a P35-DS3P, do you think that would be fair?