Just because it has phone abilities, you don't have to use it as such. In fact, it is possible to order a GSM/GPRS blackberry with no voice service at all.
Worst case you should say since we can't agree upon the definition of the unit, they should offer to split the difference with you.
Prior: BES: 7510, 7520, 7290, 7230, 7130, 8220 (No Data Plan), Droid Eris
Post your question on the forum, don't PM me.