It gets tricky. It is on the Factory period, yet the dealer has to hope the Distributor makes it right. Depending on the relationship the dealer has with the Distributor he may have an issue. The buyer should not accept a damaged weapon. The distributor can ask the dealer if the buyer accepted it and left the shop with it and that can complicate things.
I get most all my weapons from one distributor, Sports South, and I have a dedicated rep that I order from and this would not have been a problem. They do not open and inspect the weapons so are at the dealers mercy as to the condition of the weapon weapon when it arrives there.
So, if the relationship between dealer and distributor is good they will reslove it. If not then go after Remington and don't let them get away with this. That is an expensive weapon for sure but I would not put up with this mess for a $285 Express model or anything I bought new. Keep us posted how this gets resolved and if Remington was involved. They have to start stepping up and stop the down ward slide Freedom Group is causing. They are a great name in American Guns and that is at risk.
J.D. McGuire, Owner
AI&P Tactical, LLC
Remington LE Armorer
Mossberg LE Armorer