Hell, he probably got em from someone for next to nothing or whatever and does not even use the darn things, or check them either. He just re-sells them.
Those things are 2 years old looks like June 29th etc. So they are still under full warranty.
Dude- the only way I would fool with the ebay guy is if he agrees in ADVANCE to pick up all the charges and ship you 2 more - or however many were bad, I forget. BEFORE you ship him yours back. He might just keep them, then you wont have squat.
If he wont do it, I would let him lknow you will put up negative feedback and then go here: http://www.dewalt.com/us/service/center_finder.asp
Call them up and say you've got some bateries that give you the blink code and tell them you want to get an exchange. As long as you don't crack the cases, they will send you new batteries asap in blisterpacks. I had 2 ebay batteries that I sent in and they gave me new ones. I did not tell them it was ebay stuff, I just told them the truth, that they wont charge. They don't even ask any questions. I UPS'ed them off and in 48 hours I had new batteries. After that, I never had any more trouble. I was a little chicken at first, but after I did it- it was no problemo!