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Good job on not actually reading the opening post at all.
The card was faulty on arrival. The only way to use it at all without it crashing was to arbitrarily delay the first boot of my PC by 5 minutes or so until the card had warmed up. Since you have trouble reading I'll restate that for you - the card would not work until it had reached a certain temperature.
As for a BIOS update - there isn't one, at least not an XFX one. I asked XFX (in a ticket) and checked their website, there was no BIOS fix available and they did not even openly admit an issue. There is talk of a BIOS update for Sapphire (hint: not XFX) graphics cards which - because of the architecture of these cards - probably could be flashed onto a XFX or other manufacturer card, but that's something I wasn't prepared to do. Why? For starters even if it did work I'd nix whatever warranty I had left on the card anyway, if it died in some other fashion and it could be shown that I flashed it with a third-party BIOS I'm confident it wouldn't be honoured.
What I expected was a full refund, because I assumed (e.g. without information or experience to the contrary) that this was standard practice. Because I wasn't offered one I posted this thread asking whether that was typical. It seems you were the only person who wasn't actually even capable of just reading the opening post properly.

I didn't say I was unhappy. For the nth time - I asked whether this was standard practice or whether I was being fobbed off. Several people already replied saying it was in line with Trading Standards policies. I've never had to RMA anything that hasn't been DOA, so had no experience of this "reasonable use" rule.
Why do my feelings have to be binary on it? Either I'm totally p***ed off or ecstatic? I'm neither, but at least I'm now informed (i.e. the point of the thread in the first place) on the subject.
I've now received a refund for it - so I can move on and get something to replace it (or just wait til 6990)
durzel i think youve been a bit hard on sky rocket
the fact of the matter is you had a 5970 for 10 months and it couldnt have been that bad otherwise youd have sent it back even after a little while of it ****ing you off but you didnt.....now when faster cards come out low and behold its ****ing you off now and you want your money back....they offer you the lions share of the money back and your not happy or at least not totally happy....mate id be biting there hand of...... and if i was the retailer....i would also be telling you to do one!
Durzel said:As you can imagine in these cold temperatures we've been having lately I would have to leave it longer and longer before it would get up to operating temperature, and I'd got sick of it.
If you'd bothered to read his post(s) you'd have noticed that its with recent colder weather that it was the last straw:

Who knows what his heating situation is.

