that's more than a scratch. is it new or used? anyway, the best thing to do would be return it to the seller and get a refund.
that said, i bought a frame (new) off ebay and it developed a crack. i emailed the manufacturer directly with pics and was instructed to take it to my lbs and file a warranty claim. the company and the lbs were very cool, and a couple weeks later i had a new, and actually better frame.
jamis has a good rep, you could always get in touch with them directly, but either way, that looks not good.