Again the warranty, which is online is quite clear on this matter. The legal version even uses the word referbished. IMHO this just a bunch of ambulance chasers who are hoping they can make a jury buy into their insanity.No, "new" does exclude the part having been in actual end use before being repurposed, but it definitely does not exclude the part being tested, either as part of the standard manufacturing process or as part of it being installed during a repair.
I for sure expect repairs to be tested, no matter whether the repair is done with new parts or not.