Yes you technically bought a new ESC, but you bought it from a 2nd party and likely paid far less than the $60 they sell for new, straight from SP. NIB or not, you bought a second hand esc. What do you really expect SP to do for you? EVERY brand on the planet has faulty items. To blame or complain about SP because you purchased yours "second hand" and therefor can't/won't help you is well...lame