Originally Posted by hirolla888
Write an epic complaint letter to their head office and to the distributor in Aus. Also file a complaint with ACCC, and make sure you tell Gigabyte you're filing a complaint with ACCC.
Before threatening them and filing complaints etc, I'd suggest you contact their customer support, explicitly explain the problems you're still having with the card (the more detail the better) and ask them to re-examine it.
Most likely they'll give you a laundry list of troubleshooting things to check (memory, drivers etc) before approving the RMA. It may be tedious and seem irrelevant, but do them anyway. If it actually fixes your problems, then yay! If not, they really have no grounds for refusing a 2nd RMA.
I wouldn't get angry about it, I doubt anyone at Gigabyte is maliciously trying to screw you out of a new card. When the problem is sporadic like this, it's entirely possible it didn't crash their test bench during their exam.
Be polite, but firm and I'm sure it'll work out in the end.