Windows 7: SSD Issues

Just received a new OCZ Agility 3 SSD and are having some issues. I've installed the drive and formatted it, I have also tried to update to firmware on it countless times all of which have resulted in 'Firmware Download Failed'. The drives also seems to be disappearing occasionally and requires a restart before it appears again. I want to update the firmware before I clone my old HDD to it. I've tried to do it in safe mode with networking but it hasn't helped. Any help would be appreciated.

Cheers

Have a look at this. Maybe it gives you some pointers (like the AHCI requirement) http://www.ocztechnologyforum.com/forum/showthread.php?101942-Firmware-update-on-Agility-3-240-failed-now-the-drive-reports-it-is-no-longer-an-OCZ-product&highlight=agility+3+firmware+update