Did you buy the frame from a retailer or from a private party? Is makes all the difference for your warranty claim. If you bought it from a retailer, you shouldn't have any trouble getting someone to listen to your complaint. But if you bought it from a private party, it doesn't matter if it had never been ridden before, you're probably out of luck. I know that most bike manufacturers don't cover frame damage unless you're the recipient of a retail frame either purchased first hand or given as a gift with no intervening use.

Edited to add, this does not "look" like impact damage. It looks like an "epoxy" failure at the junction of the down tube and bottom bracket.

Here's a thought. Why don't you try to collect some pictures of similar damage that definitely fell under warranty? They don't have to be pic of Cervelo frames, in fact you want to suggest, in the nicest way possible of course, that they aren't following industry standards for frames that should be replaced under warranty.