Looked used and slightly abused - ATN Mars4x Gen.3 Night Vision Weapon Scope

I ordered this scope on 10/29/14 and had it on 10/31/14. Upon first appearance it looked like it was mounted on a rifle already because the weaver rail was scratched up. The second lug for mounting on a ar15 was missing. Some of the metal was touched up with black paint. Sc rew heads were touched up with paint also. I did try it out Halloween night and noticed it would flicker,which according to manual is something of a problem that should be sent back anyways. I had a hard time filling out return form so contacted optics planet which will take care of it on Monday. All I want is a BRAND NEW scope that works. If they have to buy a new one from ATN then do so. I think that if it were brand new it would be a perfect night vision scope. It seems as if Optics is trying to resell used products. Hopr to resolve next week.