Yeah, screw that. Definitely contact them. I had XFX do something similar, (maybe even a bit worse). I did an RMA for a 9800GT and they replaced it with a Radeon 5750. I contacted them, and they wouldn't do anything. Never buy from them again.
Lessee, my first system build was a Celeron 300A back in the late 90s. I remember that I used a DFI motherboard (I think it was a LX chipset), and I ran a Thermaltake "Golden Orb" heatsink. I was able to overclock the 300A to 450mhz on first boot! I ran that 300A at 450mhz for a few years,...