Contact Inova and tell them. I bet a new one will be sent out with apologies. I have had 7 of them since they first came out and 2 more for the last 8 months and have never had an ounce of trouble. I bet there is an isolated issue with the switch or something.

Please let me know what they say if you contact them.
Your second post came up while I was typing. I have been told FRY's gets seconds some times, might that be part of the problem. Having said that all 9 of mine came from elsewhere.