Update: So I made an appointment at the MS store, FYI if you come early you still have to wait, so I waited another 30 minutes, not a big deal.
They did swap out my unit, but not after some back and forth, I think they realized that since I was under 30 days I would have just returned it, so they kept a sale.
After I got home I realized that the stylus tip was messed up, meaning pieces of plastic unraveling, I saw this a lot on the display units at the MS Store beforehand, so instead of driving back to the MS store (which is a pain), I called the Surface support and they are going to send me a replacement tip free of charge.
So far the customer service has been good, but these quality issues are all over the place. So long I get everything sorted out before school begins I will be fine. I suggest that everyone get an extended warranty, as soon as they saw I had it, they were more eager to help.
I ran all the updates and re-installed everything and I can say the fan on this unit has barely come on, the unit I swapped out, the fan would always come on and you can hear it. Maybe I got lucky.