Well after over 4 weeks I'm sick of waiting for the retailer to replace my iPhone 5. I'm going in tomorrow to have a final stand off as it seems they have made no attempt to even try and swap it, even after apple stated my iPhone 5 should be swapped and the retailer followed this up with apple.
I rang apple yesterday and was told my iPhone can be swapped no problem as the issue was reported within 24 hours of purchase (actually within 24 hours of launch). Only problem is that apple replace with a service part that could be refurbished and could have marks and show some signs of wear. My original iPhone 5 is pretty bad with 4 chips around the bezel and the slate insert on on the back has tiny chips out of it all down the edge as if one of the tooling machines have been a little out when cutting the chamfered edge. Also there is chip under the camera on the rear which is really obvious.
So after seeing what the retailer says and if i get no joy it looks like I will be going through apple to find the best of the bad ones.
I was watching the iPad mini unavailing earlier and noticed Phil Schiller was up to his old tricks again with the machined chamfered edge being so hard it's almost impossible to damage on the iPad mini. To be honest all I was thinking is we are looking the whole chipped and scratched situation again with still no reply weeks/months later.