Availability highly varies based in location. In Hawaii, all stores sold out as usual, but I was able to get a new replacement yesterday. They had a few new retail box phones in the morning so I booked night before to reserve one. They said they ran out in first 30 min and that there is always a line before the store opens. Last Sunday that said try got a shipment of over 100 phones but that was unusual. The guy I spoke to said try average anywhere from 6-20 per day but that's just his guess.
So IMHO, don't think there is a coverup or anything like that. Just huge demand which they can't keep up with.
I asked the rep if he saw anyone else return the phone for scratches and he said he didn't, but said the Genius Bar would be the ones to ask. While I was there yesterday, I started discussions with another customer an asked him if he had a scratch on his phone. He had a white one with a small blemish on the side but didn't think it was an issue. I think most people are ok with the little nicks. The black phone just makes them look old and bad. I also learned that I'm a lot more picky about these things and perhaps getting carried away. It's easy to so when you start looking for the blemishes under a microscope.
I have an Hermes watch that my wife gave me as a wedding gift years ago. It's a fine and precision crafted device. It scratched easily too even a soft unintentional bump on the table. Just food for thought. Should mobile phones be made to this comparison or should they by rugged for real life use? This was Apple's choice, right or wrong. It was my choice to buy or not. I think I forgot about that for a bit.
But no doubt some of defects are extreme so send them back if it bothers you and feel free to refund if need be.
I finally got my perfect phone and wishing all you guys the same soon!