Yes. Send it back.
My PM 40 failed maybe 20 times in the first 250 rounds. TOTAL, most failures to go to battery, as you mentioned. A few stove-pipes, and a few mag issues.
Also check the followers in the mags. Call Kahr, and find out the dates of manufacture of your gun. I broke 2 followers, and had excessive feed issues before they broke. They replaced the 2 broken followers, free of charge, with 4 updated followers, that I swapped myself. ALL of my feeding issues stopped with the new followers. Some molding issue.
Send it back. Make them debur and polish all the internals, replace the followers, and check the mags. Don't pay a nickel. They DO have good customer service.
After 250-300 rounds, and new followers, my Kahr PM40 ran fine. With cheapo ammo, and good stuff.
That said, my waistband NOW holds an XD9SC. I traded the Kahr, ate at least $100, and have NEVER had a failure with the XD... 400 round and counting.
Swapped 3/4 of an inch of length, and .3" of thickness, and few ounces, for exceptional reliability, and 10 rounds of 9mm.