Well off the phone from xbox support.
Rough Convo
me "Recieved brand new console from repaired, and its scratched bioshock game which is brand new out the box"
Foreign script reader "Sir! the xbox 360 does not scratch discs without it being moved. Do you have a small child!"
me "Well ive tried another game and its starting to do the same"
Foreign script reader "One moment please i must consult my supervisor!"
Cue 4mins of that crappy music
Foreign script reader "Ok sir unfortunatly you have to send it back for repair"
me "what about the discs"
Foreign script reader "if its a
microsoft game studio you can get it replaced"
But not until you recieve the console back from repair! so looks like ill get halo 3 maybe
A good warning if you recieve/buy an xbox 360 test it out using a microsoft game. (crackdown, halos gears of war ). My bioshock disc wont be replaced as its 2K published.
for reference the drive was a
Hitachi drive!
http://www.llamma.com/xbox360/Xbox_360_DVD_Drive_Comparison.htm
Least got the ps3 to play about with