Ipad 2 temperature problem since I have it

In January 2014 I exchanged my former ipad 2 to a new one using the out of warranty option. This new ipad 2 supposed to be a new one but it never worked because since the beginning I had this temperature problem that avoid me to use it for more than 5 minutes.

What can I do. Is this new ipad on warranty even I bought it using the OW? I paid $ 249+ tax!

Thanks for your help!