i mean, you kinda skipped go & went straight to hit up the lawyer for a letter, you should win.
my take - i've always specifically purchased GPUs from EVGA as they don't cry about tinkering as long as you don't send them a wet or cigarette stained GPU on a warranty claim. They also willingly cover second hand, they just don't offer cross shipping.
I'm guessing the RMA department has been told to pinch ALL the pennies, like pretty much every corporation. Life's an animal farm.
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R.I.P. Zawarudo, may you OC angels' wings in heaven.
If something appears too good to be true, it probably is.
Best R0ach Quote of all time : TLDR: Haswell might be the last legit gaming platform unless mice get their own non-USB interface on some newer architecture.