I bought a "new" Asus 7950 DirectCUII Top off a auction site last week and finally got around to installing it today. On opening the box, i noticed some bits missing, dust on the fans as well as marks on the PCI express plugs showing it had clearly been used 
On installation, it works "fine" however when the fan speeds up from 10-20% upto about 24% it starts to make a rattling noise. I solved this by supporting the card so it sits straighter and doesn't sag like it does... However this caused another issue. the temps went from low 50s into the 90s in the space of seconds. A quick google shows that is is a common issue, that the weight of the heatsink is too much causing issues with contact on the GPU.
Im not sure what my options are, but the fact it was advertised as "new" when it clearly wasnt, and also the fact its "broken" surely i can return it. Big problem is getting my money back though.
Is there a way i could fix it myself with better screws to hold the heatsink on?

On installation, it works "fine" however when the fan speeds up from 10-20% upto about 24% it starts to make a rattling noise. I solved this by supporting the card so it sits straighter and doesn't sag like it does... However this caused another issue. the temps went from low 50s into the 90s in the space of seconds. A quick google shows that is is a common issue, that the weight of the heatsink is too much causing issues with contact on the GPU.

Im not sure what my options are, but the fact it was advertised as "new" when it clearly wasnt, and also the fact its "broken" surely i can return it. Big problem is getting my money back though.
Is there a way i could fix it myself with better screws to hold the heatsink on?