The problem: the rifles eject the empty cartridge straight up,
the cartridge hits the bottom of the scope and falls back into the chamber,
and this then jams the feeding of the next round.
Ah. If THAT'S the problem we're talking about, then no, of course that's not tolerable and I too would return the rifle without second thought - it's not functional in that case. I understood the problem we were talking about was that the case merely hits the scope body on it's way out. My 85M never fails to feed or eject; cycling the bolt normally absolutely launches the empties outwards. So much so that, as I say, when target shooting you have to cycle it gently if you don't want to be collecting brass out of the weeds or off the next bench. The issue I'm talking about I can live with; fail to eject I couldn't. The problem
I have is remedied by a small piece of tape on the bottom of the scope. Hardly a big deal. A non issue to me in an otherwise exceptional rifle. The only rifle on the market that meets ALL of my particular needs and wants is the 85 Black Bear. It's light, handy, astonishingly accurate, fits me perfectly, has integral BUIS, enough power to kill anything on the continent, a synthetic stock, a detach magazine, elegant QD mounts that return to zero perfectly and is reasonably priced. It ticks all my boxes for a knockabout working hunting weapon suitable for just about any situation short of high volume varmint shooting. The only other one I seriously looked at and came close was the Blaser R93 Professional, I just couldn't justify the extra cost for a change caliber feature I'd never use.
Perhaps my perspective is skewed slightly, coming from a background in black and precision rifles that cost considerably more than a SAKO. Now that I'm firmly entrenched in my Fudd phase, $2000 hunting rigs seem reasonable and $700 ones downright value priced. I mean, my Swiss Arms Classic Green cost more than my 85 and Swarovski scope combined - and empty brass by design bounced off the side of the upper receiver, chewing the finish to shreds unless you put a piece of electrical tape to protect it. The price of an XCR-M or Tavor makes an 85 look like a budget rifle in comparison, and both have very well known flaws which are significantly worse. Heck, you don't have to try hard to spend that much on an AR with a trigger that I would call barely usable.
But no, if the OP is having FTEs, that's a different story, and totally unacceptable. Just hasn't at all been my experience with the 85M.
There are other European rifles to consider: CZ, Styer-Mannlischer, Sauer, to name a few.
If they made a 557 in 6.5x55 with a synth stock... boy oh boy. I'd be all over that. I ruled out the 550s due to the excessively high bolt lift and excessive weight. The Pro Hunter is a very very nice rifle; just a bit on the chunky side again, nearly a pound heavy for my liking. One in a magnum calibre would be nice though. S101 Forest XT ticks all the boxes; I couldn't track one down in Canada and didn't want to import from the US and add all that cost. DEFINITELY a nice rifle though.