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That sounds like a risky choice. Dont they ask you to sign a paper when you trade in games in the US?

Over here we have to. If something is wrong with them, they can go back to you. Its not a good policy to do such things.

You should have mailed Nintendo. It really isnt any harder than driving to the shop selling the game and getting a new one. Especially if you waited 3 months and had ample opportunity to fix the situation.