No offense...but I don't see why you are contacting EVGA for this problem, when you should be contacting the whoever it is that sold you the card if you bought it new from them...
If you bought it from some random seller off auction site or non-major retailer, then as I always say it is at your own risk...and pretty much think of the warranty as non-existing...
hi there
I bought it directly from EVGA website..
When the gtx 460 was first released, i had quite a hard time finding it available in a lot of places.. especially reputable places... they went out of stock like poo off a shiney shovel, so my last resort was to buy directly from EVGA and wait for delivery.
As you will see, at that point in time, i was in big need of a graphics card, and didnt want to go and pay for another card just to use for the time being until i got my hands on a gtx 460.. so i was patient and waiting for delivery directly from EVGA.
and No.. No matter where you buy something from, even if its a non-reputable seller but brand new, and the item has got its security seal then the direct manufacture is in full legal right to deal with issues. whether you bought it brand new and still sealed from a bloke on the corner of a street or from a reputable seller.. the item still came originally from original manufacture (in this case EVGA), so they are still legally binded to forfill my actions for warranty, aslong as the item is untampered with and the security mark (n this case a sticker) has not got any signs of being tampered with..
I spent 3 years at uni studying Law as a degree....
And yes, Even if i bought the item from a reputable seller other than directly from EVGA, Its still upto EVGA to carry out my point of warranty. because when the reputable seller recieves it and sells it to customers, the box is sticker sealed, so has not been tampered with or opened. so for it to be half missing, had to be directly from manufacturing.
Its like when your xbox 360 gets the RROD, you dont send it to the shop you bought it from, you send it directly back to the manufactures (microsoft) as its upto the manufacture to send out fully working items to the reputable sellers