That was my impression too, apparently not though, Nokia's policy is it has to go back 3 times for repair before you get a new one.
I argued in there for ages and even spoke on their phone to their superiors, the guy in the shop agreed with me that I needed a new one, but he couldn't physically put it through the system as there was block on exchanging Nokia N95s.
So its been sent off again, managed to get a months free line rental out of them though, which I guess isn't bad.
Had my N95 since day one with no such problems. The only thing I could suggest is a firmware upgrade. I know that has resolved every issue I ever had with the phone.
Sounds like there is something wrong with yours though !
Thats what I thought it would be mate, but I updated the software myself and
they have put the latest firmware on it and that hasn't cured it!