Yes. That is the accepted social convention.
NOS simply means that the tubes have not been used.
There is no room for debate here.
The point that Kremer930 and MrScary were trying to make was precisely that.
Tubes advertised as NOS should adhere to the social convention.
Social convention also suggests that the burn-in before testing does not count as used.
Power tubes need at least a 24 hr burn-in before they can stabilize and be tested and matched.
This is carried out by reliable sellers for e.g. such as Kevin Deal from upscale audio.
From my own personal experience with preamp tubes, I have also encountered tubes which require at least 5 hrs of burn-in before reliable testing can be done.
As for your point about giving other Ebay sellers a heads-up here, I don't see how that exonerates the seller.
There are other non-headfi Ebay buyers out there who could have bid for those tubes because of the "NOS" moniker.



















