If they do try to give you a refurb and won't budge, tell them you do not feel that you are being treated properly and that you insist they flag the date and time of your visit under your account or something. I got scr**ed out of a BNIB phone while under the 30-day Holiday Coverage and despite all of the people I've talked with since saying that they do indeed see that I visited and asked for a replacement within the warranty period and did not receive one, they will not do anything about it (in store; the people on the phone have been very nice). This is the first issue I have had with Verizon in over a decade, and up until now their customer service, at least the few times I needed it, was excellent...
Funny thing is, I have a brother who is terrible with phones (i.e. he breaks them, like, at a ridiculous pace). Since he signed his newest contract 15 months ago, he has had the following:
HTC Incredible - New, purchased (first phone)
HTC Incredible - BNIB Replacement (49 days later)
Droid X - BNIB Replacement (3mo later)
Droid X - BNIB Replacement (1.5mo later)
Droid 3 - BNIB Replacement (2mo later)
Droid X2 - BNIB Replacement (1mo later)
HTC Incredible 2 - BNIB Replacement (31 days later)
Droid X2 - BNIB Replacement (22 days later)
He still has the last Droid X2 and is currently using it, but what amazes me is that he has NEVER gotten a single refurbished phone! He has not paid anything out of pocket for replacements, does not have any "Extended Warranty Coverage" for anything, and his contract and unlimited data plan remain unaffected...
Yet some of us struggle to get ONE replacement phone that hasn't been used (and possibly abused) by someone else...
I do wish you the best of luck! I hope you see your issues resolved with your new Nexus!
Good luck with the replacement!