Hey like i said in the title while i talk on the phone without the speaker on the sound is very irregular itll b really low and then loud. I am guessing this is something i could get fixed hrough warranty?

Covered in at least the following two threads. The consensus seems to be a loose connection in a ribbon cable. The phone could be returned for service. If you're more adventurous, others have reported success opening the device and reattaching the cable yourself (not sure if that voids Nokia's warranty or not). The issue actually went away on my phone and seemed to correspond with me removing the battery at one point (maybe squeezing the battery cover back has "fixed" the loose connection).

http://talk.maemo.org/showthread.php?t=42227
http://talk.maemo.org/showthread.php?t=37590