If you purchase the D800/E from e.g. B&H, and you find it to be defective you can return it within 30 days. If I were doing it over again, I would follow this route, buy the camera, do some focus point testing on it (I can share with you what I've done) and then decide next steps.
Yes, it is a shame the way Nikon is treating its customers with this. Very unprofessional.