I wouldn't call this unit 'a bad one'. the scratches are uncalled for and should be fixed. Period.
BUT the lens not being centered is not an issue. In fact, it could degrade performance if it were centered (if the lens was centered over the hole but the beam wasn't on center with the lens, it could cause some weird focal issues depending on what type of lens it is. This is not really likely but I'm sure they have a method to their maddness when putting the lenses on not-so-straight). With these hand-held pointers it is really hard to get the crystals and output aligned PERFECTLY STRAIGHT along with having peak performance. The lens in mine isn't centered either. Also, the output isn't crooked because that lens. All the lens does is collimate, so any 'crookedness' is happening before that lens.
Also, the divergence may only LOOK bad due to the power of the laser. The more power it has, the bigger the dot is going to look. You need to shine it on a matte black surface (still not the best way to view the size) or look at it with laser safety glasses (best way) in order to see the true dot size at any given distance.