Refurbished Ipod Nano 1st Gen 4gb

Hi
I have a refurbished Ipod Nano First Gen in white and I am wondering how long do the refurbished products last because It keeps freezing and is always resolved by a reset and when I turn it on it doesn't automatically go to the main menu, it shows that apple logo as if it's reseting itself, should I send it back to Apple or is there anyway to fix it
Also why didn't apple include the case it put in after the 1gb update in 2006,I know it's almost 4 years old but I think they could include if they replace it or if they take it away to fix
Thanks