Just an update for everyone.
The marks on the top screen aren't covered under warranty however, as a gesture of good will, Nintendo are replacing the top screen once per unit for everyone who has this problem. Just dropped mine off to them then. They were really cool actually and even played Mario Kart with me whilst I waited for them to finish the paperwork :)
On a side note I'd lost my purchase receipt. Surprisingly K-Mart went back through their records, found a purchase that matched with the line item on my credit card statement and wrote a letter to Nintendo vouching that I had purchased the system from them (they rang Nintendo to see if that would suffice). If Nintendo wasn't going to accept it they were prepared to refund me the full amount. That's about $90 more than the system is now in their own store! Amazingly impressed with everything.
When I get my 3Ds back it's getting a screen protector, foam insert AND rubber stoppers. That'll tide me over until the 3DSiXL2 comes out.
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