Yep, you can get a replacement bike. These bikes're shipped from the factory dry, and the dealer's supposed to give it to you in running condition with at least enough gas to get to the station for more (that's what the dealer charges are FOR). Having him run it AT ALL without oil WILL seize the engine, requiring a complete rebuild. You paid for a NEW engine & not a rebuilt one so you're due a replacement as the bike you received was not the one advertised (ie: it was irrepairably damaged by the dealer and therefore not fit for purpose.)

Please let us know the outcome of this, and you might want to let us know which dealer it was so we can avoid them if the outcome's not satisfactory.