I bought an MOTU 896mk3 Hybrid, new, on line.  After working with it and getting confused with their control program I sent it back and got a different brand of equal price.  The different brand only lasted one day and the power on/off function went bad (it would not power off).  During that time I ran into a person at Guitar Center that used MOTU and he offered to show me how the MOTU Cue Mix FX program worked.  Had I had that training before hand the MOTU would not have been sent back.  Fast forward to the second 896mk3 Hybrid (replacement for the unit that the power function failed).  It was "factory sealed" both on the box and internally, however it had some scuff marks on the case and looked like a rack screw mark.  I powered it up and checked it out and all appeared to be working OK.  Closer inspection reveals there are marks inside the plastic screen for the Cuemix display (two white dots and one smudge).  I contacted MOTU and was told to contact the seller for a replacement, they won't do anything about it (and wouldn't comment on it potentially being a refurb or possibly a demo).  I now have an RMA from the seller and will be shipping it back and hopefully the replacement will be new (and works).   I don't  blame the seller, since the packaging suggested it was "factory sealed".
 
I'll use the replacement but MOTU is off my buy list for any future purchase.
 
End of rant.
 
 

I would feel the same...
 
Just a FWIW...
I've bought a lot of MOTU gear (for myself and clients)... and I've never encountered a situation where returned/refurbed gear was sold as new.

First time I've ever got a new product that turned out to be "not new" from any source.
The box flap had the seal, the AC power cord was sealed in plastic bag, the 896 was wrapped in plastic and taped (and no indications of prior tape) and the user manual was sealed in plastic.
 

I have to backtrack on the seller not being the one to blame.  Doing some deep internet searches yesterday there are posts about the seller.  I'm not naming the seller, but from some of my other posts on this you can probably figure out who it is. Thus it would appear to not be MOTU's fault that I got a replacement that was not "new".
 
I have changed my RMA request to a refund and will buy somewhere else.

FWIW, the seller is most likely the person who "factory wrapped" it. Many retailers have this ability, so probably has zero to do with MOTU... that retailer can factory wrap any product (and probably does).

Unfortunately ethics are not enforceable until someone breaks the law.

Is it possible they sent you back the one you made used before returning it because you didn't know how to use it?

Was the second one they sent you eligible for factory warranty if it ever actually broke?

@Mike McQue,
Welcome back if that is the old Mike McQue!
 

fireberd
I have to backtrack on the seller not being the one to blame.  Doing some deep internet searches yesterday there are posts about the seller.  I'm not naming the seller, but from some of my other posts on this you can probably figure out who it is. Thus it would appear to not be MOTU's fault that I got a replacement that was not "new".
 
I have changed my RMA request to a refund and will buy somewhere else.

No some of us can't. This doesn't help either the buyer or seller.   
 

Also, just a suggestion, but since you've discovered this is not MOTU's fault, you might want to change your thread title.

It was not the one I sent back.  There were no marks on the case or any rack screw marks on the one I sent back, and there were no marks in the plastic face plate.   If they had sent the one I originally sent back there would be no issue. 
 
I don't know about warranty on the second one.  I contacted MOTU about the marks on the inside of the face plate and was told to contact the seller, they didn't want anything to do with it.