It seems strange that it would be DOA, I imagine that they go through a function test on the way out.
The one that failed me worked fine until I found it hot in my pocket and it would no longer turn on, assume it was a faulty heat sensor and the light burned up before I noticed it.
I don't recall exactly, but it seems like I explained what happened via email and they asked if I wanted it fixed or replaced, then I mailed it and waited forever for about 4 weeks.