If the seller sent me one of equal or better quality, I'd be fine. But in your case, it sounds like you got something less than pictured. I wouldn't call it fraud, just bad practice.

If I was selling the chip below, and had multiple lots, I would use the same scan for all. It doesn't change anything. But as you pointed out, in the case of HS or nicks in a chip, it's a whole different story.