Well, that sucks! I'd use it right now for what you need to do anyway.
I wish this outcome surprised me, but it doesn't. IF you want to give them 'One More Chance' - I'd email them (so it's in writing) and tell them the following. This may not be your style, you may not wish to spend more time on it, etc. This is just one final attempt to work things out and is what I would do.
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Dear Sir/Madam:
1. I am very disappointed in the machine you sent me as a replacement - which was my first disappointment. It is obviously NOT NEW, is totally unacceptable, and should NEVER have been sent out.
2. You WILL be getting it back.
3. I need it for a job, so I will be using it in the meantime.
4. The ONLY way for you to save this sale now is if you provide me with an *obviously* BRAND NEW, NEVER OPENED, PRISTINE new Domino.
5. You have until to deliver it (or have it delivered) to me.
6. You can pick up the machine I have now at the same time as you deliver the new one. If you are shipping versus delivering, your courier can pick up the machine I have now the day FOLLOWING the delivery, since I will use the exact same packing materials to pack it up for return as you used to ship it to me. (***Remove this part before sending, but I have found that this simple statement often affects the quality of the packaging job. Imagine that? [smile])
7. If the THIRD product you send is not NEW and PRISTINE it will be coming back and this transaction is not going to end well for you, as you will be stuck with multiple USED machines and NO SALE!
8. This will be my last attempt to resolve this problem. Not only do I expect EXCELLENCE in this transaction, I EXPECT SOME COMPENSATION for the grief I have endured due to your failure to meet my very realistic expectations in the first place. I will leave it to you to determine what that should be, but I suggest you consider very carefully what you think would be appropriate.
9. I will be fully documenting what happens, and forwarding it to Festool for their records. At the moment, what I have to report to them is NOT GOOD. I hope that the third attempt can not only resolve the issue, but also restore some of my faith in their dealers and products.
10. Please feel free to communicate with me via should you feel the need to clarify ANYTHING. I would like to resolve this in such a manner that my BADLY SHAKEN CONFIDENCE is somewhat settled.
I look forward to your response.
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I have had excellent results using this format, but there are some companies you just can't help do what they should.
Good luck! Let us know what happens?