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Sure, their warranty statement says they may decide to use new or refurbished "at their option".
However, in the recorded chat, they chose the new option. They stated it right there in the chat. Clear as day. Not once,"You'll get a new device", but twice "if your Kindle is replaced, then you'll get either new one or the newer one than yours".
Yes, it was their choice. The choice they made and committed to was "new".
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