In reply to JDal:
I'm not naming names at the moment but they are a proper independent high street camera shop, not a box shifter.
I couldn't quite believe what i was looking at on the photos, its pushed the case in and cracked it right next to the serial number sticker, it really is unmissable and there is no way on this earth I or him would have sent it off for a warranty claim, i am not that stupid !!
I pointed out the form he left me a copy of and his answer was he may have missed it as its a small mark, like hell it is, its cracked and deformed.
He's going to contest it with Olympus but as I see it it's the shops issue, they accepted the return and inspected it and sent it off for a warranty claim.