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Battery depletion is "normal wear and tear", so they are not normally replaceable under warranty or insurance. Still, people have reported getting new batteries for free when they take their non-functioning device into a Sprint or Verizon store and complain loudly enough. Seems to me that having a bad battery in a recent refurb replacement would provide some basis for replacement.
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XV6700 w/ Custom Apache WM6 Kitchen CE OS 5.2.1908 (Build 18508.0.7.0) - from Helmi_c and the guys at PPCGeeks.com
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