If you do have the option, then yeah. In my case once out of the box is hard to return it unless there are real problems with it (remember PBO is actually overclocking).
My 5950X was unstable on core 4, (I'm running that one in -15, core 2 and 3 are running -20 and everything else at -25).
What power supply do you have? Could it be the PSU not delivering appropriate power.
I just saw this and I gotta give my advice, because old threads do get views.
AMD are easy to get an RMA from. I have to send back a couple 5000 series CPU's because of low performance. If I buy an $800 CPU I want an $800 chip. I love AMD but there is a wide performance margin between a dud 5950X and a good one. They only guarantee 4900mhz, if I don't get 5000+ then I'm not gonna be happy plain and simple. Maybe someone else will be content with that, but I spend wayy too much money building systems. If they didn't take em back, I would end up paying to replace them.
My point tho is AMD are pretty easy to return to as long as you have the invoice.
They never asked me if I overclocked the CPU, and I doubt they care. They use language like that to deter people. And it works to some degree I'm sure. But it's impossible for them to refuse a return for that reason. Any AIB board would nullify the warranty because they all have pbo+ enabled by default.
Here's what they ask for. First, you request an rma and you give them the serial number and describe the problem. They may try to talk you through some troubleshooting steps.
I let em know that I have done all the troubleshooting to avoid that.
Then they send you an email asking what motherboard and bios you were using. They have you send a picture of the cpu installed in the socket with a piece of paper with the reference number in the shot. And again ask you what troubleshooting steps were taken.
An issue I did have was with a GPU I bought off Craigslist last year. I needed the kid I bought it from to do the RMA and they would only mail it to the address where he ordered it from. It was a 6800xt with a pad thermal pad so it died right away and I still had the guys number. He was a good kid luckily and It wasn't an issue. But that policy sucks when so many people are having to buy off scalpers
So of course you can't say the chip isn't fast enough, you need to say it's defective in some way, IE it reboots when you load a game.
And I don't advise sending back a chip that is fairly decent to try and hit the lottery. Honestly tho, if you get a 5950X that doesn't wanna boost to 5000mhz you hit the silicon lottery backwards and if it's gonna bother you then send it back.