Gary, did you bother to read the thread started by Mags almost a month ago where he describes a "foreign object or imperfection" in the field of view. He was open and honest about the scope long before this $hitstorm happened!! If I were Mueller, I would replace his scope based on that thread alone ... it gives him credibility.
Until someone can prove to me that the photographs that MOC put up did not come from them, even though someone claims that they are from a text book, the point is that the scope was crushed. MOC even said that had it been returned just for a flake or some imperfection inside of the scope, then there would never have been an issue, and a warranty replacement would have been issued.
However, clearly, given the available data, the scope WAS crushed and pinched, and therefore voided the warranty. Why didn't the OP send it back when he found the speck, before he mounted it? Maybe it wasn't there before he mounted it, and it flaked off the tube from when it was pinched? Maybe he didn't even realize that it had been pinched until he wanted to send it back to be replaced. That would make it all the harder to swallow, knowing you had screwed it up a month ago, and there was nothing really you could do about it.
What it comes down to is that the product returned to Mueller, by their photographs, was damaged, and it appears to have been from the mount it was installed in. That voided the warranty.
By the way, I would have to say that the reason that this manufacturer does not specify torque settings (and I've never seen ANY torque settings on any of my scopes, including two Nikons) is that torque will vary on the design of the mounts, and you can't come out and say use X amount of inch pounds, because depending on the design, it might be too much for one, but not enough for another. Instead of generalizing, or making statements that in one case would be false, it's better not to say anything. Granted, they might want to put something to that effect in the boxes, so people know to be careful, but not being there is also a warning that you need to proceed carefully.
Mueller, according to MOC, did offer to replace the scope, a DAMAGED scope that voided the warranty, at a discounted price. I think that's pretty good on their part, because they could have said 'Tough, you broke it, go buy a new one at Retail.' They didn't, they took the, pardon the pun, the High Road.
Gary