Is there anything wrong with my DX30?

So I finally got my DX30, which I have been waiting for for almost a month. I was happy. However, I'm not really that happy anymore, and I really hope this is a battery problem. At first it was really bright, but after having it turned on for a few seconds it started to dim. Not gradually, but in steps. If I just turned it off for a second, the same progress would repeat again. I didn't have it on for any long moments, since I wanted to wait until it got dark. I thought this might be a battery problem, since I was using the alkalines that I got together with the laser.
I only had another pair of alkalines in the fridge, and I tested with them for a while. Same thing there. I switched back to the batteries that came with it, and used those for a while. After some time I noticed that the laser would just continue to dim, to the point where it was as visible as a 5mW red pointer. I took out the batteries and measured them to appx. 1,3V each. I then switched over to the duracells and have been running on them since then. What I also find kind of weird is that if I leave the laser off for a while it takes longer for it to dim than when I have been shining it around for a while. I'm currently charging two 700mAh NiMH rechargables (the only ones I have, more rechargables is oredered from DX) to try it out with later.
Do you believe this is battery problem, or should I RMA the laser? I can shoot and upload a video of the dimming on request.

And also the button and clip on the laser isn't aligned. Doesn't have anything to do with functionality, it just looks fugly

You should RMA it if shipping is <$7

I also had battery problems. However I've been running the 50 from a lab supply and it will start to lase at 2.58V/180mA and with increasing voltage to 3.00V the laser output will also increase with one big step about halfway. When the laser warms up (10 seconds) the step disappears.

Is it true 30 or 30 ?

@Zom-B: Unfortunately, I don't have the equipment to do such testing here at home. But I will be heading off to my grandpa's place today, and he works with electronics, so I should be able to test it there. So is I have a nice and stable power supply and it still dins, I'll RMA it.

@beachbumbora: It's the true 30.