Their policy is their policy. It is hard for me to buy that there is an associate dependent issue here. Ask to talk to a suppervisor or to a suppervisor's suppervisor if you have issues.
So what are you going to do? I also have a Bionic, but still thinking about the Nexus. Have the rest of the day to think about it, unless it goes out of stock in their website!
Today is my day 88, so I have until tomorrow to exchange it over the phone with the online store, or until Sunday if I go to a Costco warehouse. That said, I am not sure what to do. I have a feeling I should exchange it because my Bionic has been rebooting itself since I bought it, just out of the blue, or sometimes, seems random, when inserted in the docks. Also, my bluetooth earpice, which is even Motorola, freezes the Bionic once in a while. I have not noticed any of this after the Bionic update though, so I do not know what to think.
So my big issues in life are: 1) Exchage for a Nexus, 2) Exchange for a Razr, 3) Exchange for new Bionic, 4) Do nothing.
Hard life, huh? ;-)