Well I think we come from two different legal backgrounds. Where I live, there is a saying in latin: pacta sunt servanda which in English means that contracts must be kept.
The contract is, I pay a lot of money, Apple gives me a flawless new machine with the properties as advertised. Scratches were not advertised. So they did not fulfill the contract (but I kept the contract, they have my money).
According to our law they now have three options, they can either give a full refund or repair it or replace it. However, all three must be done in a reasonable amount of time, not when they like to. As far as I know courts here see two weeks as a reasonable amount of time. So I expect the problem to be solved in two weeks max.
If that’s not possible due to the pandemic or other reasons they should at least be so customer-friendly as to let me use the device I have until a new unit is ready.
And the fact that my order came in earlier of course entitles me to have my contract fulfilled earlier. That’s the whole point of the order queue and the idea of first come first served.