Clarification on "The code" section of t&c's and RMA problems

[MK999]

I'll explain my situation first;

After a lot of hassle with faults in my system I narrowed down the problems through asus support and returned my motherboard and graphics card to scan.

The graphics card was tested in the wrong environment, partly due to my error in not explaining the issue fully when I applied for the RMA, but is currently being retested and I have no doubt will turn up faulty as the issue is 100% reproducable on all but a minor few HD5770's which appear to somehow avoid the error (Usually after customer modifications at a BIOS level from what I have read).

The motherboard was rejected on RMA for the reason "Bent pins and compound in the socket" which is not something that I noticed when I returned it, but since it's now in scans hands I cannot argue with and they have blamed this noticable fault for the BIOS failing to update, which is the reason I returned it. This is being replaced under scansure which I took out when I ordered (Which btw is a fantastic service and part of the reason I ordered from Scan in the first place). This is where the problem begins.

The card I want to replace the faulty HD 5770 with is an Nvidia GTX 260, as I'd rather not go with ati again, and they don't even have a replacement card in the same price range which is not the problem plagued 5770. The motherboard is an asus P6T SE which does not support Nvidia SLi which I see as a vital future upgrade point in the machine, and something I sorely needed when my last system started ageing.

Now on the site under the section "The Code" it's claimed scan will do anything they can in the case of incompatibility of parts, however I was told on the phone that I "have no rights" in the case of using the scansure service, as it's replaced by scan and uses the original warranty.

Just wondering if anyone has been in a similar situation, or even with the exact same parts given the well known downclocking GPU problems with the Ati HD5770's?

edit: Just noticed the after sales forum, if a mod see's this could they please move it to the appropriate area? and again: that was quick lol