Your only option is to follow the warranty route. They’re not going to give you a new car unless it’s deemed a lemon after their attempts to warranty the vehicle fail. Then you have to look at your states rules.
You don't have a choice especially if they are willing to replace it. Instead, just document your conversation and the duration which you do not have the vehicle. If the issues persists, then you can go the lemon law route but it was extremely time consuming and draining. I would expect the DU to be replaced and it'll be as good as new. You can see if they will offer some form of compensation (free supercharger miles). The manager may be able to do something.
I would ask about warranty coverage on the new DU as well as document the heck out of all of it. Ensure you have someone saying that replacing with brand new DU and there will be no noise etc. Hopefully you will not have to resort to using any of this and this is the only blip in your ownership of an otherwise awesome EV. But if it ever swings the other way, you will have proof.
Hello, I had a similar issue with the loud whining MY Loud Whine
Long story short, my vehicle was missing the penthouse perimeter seal and it had to be added. However, the SC initially thought it was my rear drive unit and they replaced that first which didn't correct the issue. After that appointment, I've had some significant vibration while driving and I'm having trouble getting this issue corrected. If you decide to pursue a buy-back option with Tesla, I'd like to know how the process is because I'm contemplating that myself.