He said that "out of the box there was a deep scratch" - so I took him at his word. If that was the case, that would be a "manufacturing defect" covered by warranty. He also indicated that the Apple rep said Apple would not cover it because it was not purchased at Apple (NOT because they didn't believe him) - and that statement is 100%, unequivocally false. The Apple warranty applies to all new products exactly the same, regardless of where they were purchased. Now, if there is a dispute about whether the OP was being honest, that's a different story.