UPDATE: Earthx contacted me this morning and will be replacing my battery under warranty. They said it likely that my battery is experiencing a cell imbalance, but decided that the safer route would be to replace the battery under warranty. The BMS is my battery is an earlier design; the logic in the newer design evaluates the cells using a more tolerant algorithm. So that's good news and I wish to commend Earthx for standing by their product. (I also decided to buy one of their chargers that automatically balances the cells.) I received a tracking number later in the day, so I'll swap out the battery and send the old one back for testing. I've asked for them to let me know what they find. Side note: they were pleased that I had hooked up the BMS to a warning light (actually the EFIS in my case,) noting that many people do not.
I echo your sentiments as they have already shipped me a replacement for my battery with similar reason.