I only inspected 1 box, but it had wrapped batteries and install hardware. Condition was clearly better than what you show. Best guess is that these were excess surplus from a large install.
As a matter of principal, I also advocate for letting the seller know that your item did not match the description (New, unopened) or picture (packaged batteries and hardware).
A couple years ago, I ended up getting a full refund for a Centralite Pearl thermostat. The listing showed a black bezel, so I reached out to confirm that the picture was the actual item. They replied "yes", but I received the standard white. They immediately refunded without any questions or haggling.
So I sent pics and said something to the effect of "No - they were definitely used, see attached evidence." We'll see what they say.
Doesn't sound like others who received these sensors had one in a poorly taped up box and dead batteries inside, no battery pull tab, etc., so mine definitely seems unusual.
His listing specifically said no returns, so not sure how to file for a return in that context...and I prefer to keep the device as long as it seems to hold up and work normally (as it has so far).
At this point I'm just interested to see the next reply, how they'll deal w/my irrefutable evidence. Seems like I will be fine if I keep the current device, and if he offers a new replacement I'll be a bit happier. At this point this is starting to feel like kind of a behavioral experiment.
ive done returns when it said no returns.. that does not apply when the description of the item is incorrect.. ebay will side with the buyer in that case... but he may just offer you 10 off to keep it.. if not now it is the principle of the matter i would erturn and make him pay for a label even if you had to call or complain with ebay as he is being a DICK.
Seems like I will be fine if I keep the current device, and if he offers a new replacement I'll be a bit happier. At this point this is starting to feel like kind of a behavioral experiment. 
