2 gen pencil cracking on both sides

My 2 gen pencil is cracking on both sides near the rear. I see a few others have experienced and posted about this too. I purchased it at Best Buy. I've only had it for about 3 weeks now. I hope Apple will cover a replacement, but I'm now concerned about the 'warranty void if damaged' comments. I did not damage it by rough handle. I spent $135 on a pencil - NO WAY am I rough handling it! I bought a good quality case that has the pencil protection area so it is secure when in place. I've never dropped it. Anybody else with this problem?