Since Tesla is no longer manufacturing the discontinued 40-60-75-85 battery packs, any replacements will most likely be refurbished packs - likely packs that came back after a pack failure replacement from service. Tesla should be able to refurbish those packs to get them close to their expected capacities, though there's always the possibility a refurbished pack that had failed before has an undetected flaw
While warranty work using refurbs is to be expected, because they are only on obligation to get you driving again, I think it is unacceptable to pay full price fora mystery refurb battery out of warranty. They either better offer brand new packs, or offer a 4-8 year warranty on the new pack or both.