Ipod terribly scratched after getting it back from apple

so after i get my unfixed ipod back from apple i open the box and my ipod is very scratched. when i play music, i get this bad distorted sound, it is not from my headphones, i tried those on my computer and they sounded fine... should i just put in another claim to apple saying they messed up my ipod? or should i call them and talk to them first?
  Windows XP  

Call them, 1 800 MY APPLE

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