Possibly, but my point is you don't know. If you buy something as 'new', it should be in 'new' condition, period. This is true especially because of the premium prices one pays for apple products. If I'm paying top dollar for something, I'm going to be picky. I even think Apple understands and accepts this because of their liberal return policies.
By this logic, it would be acceptable for a person buying a new car to discover a dent in the fender and accept it anyway because the salesman said 'Oh, that's ok. It just happened when the car was being shipped'.
Quick update, I ended up returning it for another issue and got a 13 Pro, which is in perfect condition. Well, aside from an uneven display compared to my old XS..?