Well after some good and some intermittent performance (overheating, even though in a massive coolermaster case with 4 fans!) the drive has finally packed in and i've got an rma number.
Nero kept saying drive reset, it would make a coaster and then the light was flashing twice as fast as normal.
Still LG said I would most likely get a replacement drive so hopefully they are good to their word!
The GSA-4040 is still going at my fathers house!