Yeah man. If you send it back you agree to their terms and waive your rights. The only option you have is to force them to take it back unconditionally
As I mentioned I play a heavily modded Fallout 3. Like, 6gb of textures sounds and all of that. Fallout 3 wasn't designed to look like that and you will notice it immediately. Firstly I have around 3gb of textures loaded into it that will try and load all at once when you are outside. This is bad enough, but add in dynamic weather than comes with dynamic clouds, rain, thunder, lightning, snow and heavy snow.. Even the 7970 stutters when the lightning comes.
I hadn't really gotten a chance to really test the 6970 as Mum was taken ill just as I bought the card and I had to look after her for three weeks over Christmas (cancer scare

) Thankfully it turned out to be a really horrible virus but yeah, she wasn't a well woman
When I did finally get around to sitting down for some "me" time and play the games I play I began to notice issues. This is an example of the issues I would have, one hour into a Fallout 3 session.
And the obligatory "Driver has crashed and then recovered"
Which was hard to replicate, but happened all the time. This is why I was so scared of sending it back to OCUK, because they would have plugged it in, tested it for a couple of minutes and sent it back.
MSI have been really cool about it and it was sent off yesterday. Oddly, about twenty minutes before the 7970 arrived by courier I tried to change the driver (I was still messing with it, you know how it goes....) and this happened.
And that was that. After that happened I couldn't load into Windows at all unless I was in safe mode with no driver loaded.
I suspect it was bad vram tbh and it just took a while to die. Before that it was just stuff like this.
That happened periodically..
I do play at 1080p yes, but as I said my case is very very unique. The Fallout 3 install I have weighs in at over 20gb and looks every bit as good as Crysis 2 with all of the DX11 porn enabled.
And completely redesigned models with veins, sweat and so on.