I just cant see the argument here?
I would be annoyed at those temperatures aswell............but its within the Intel Specified Limits.
Look at it like this for an example:
Scan accept your RMA.
They return it to Intel as a Quality Issue.
Intel say no as its within their limits.
Scan are left with a CPU that cant be resold and they have replaced yours.
Because of this, there is no recourse that the etailer is obliged to take. If anything is made good it will be a good will gesture and nothing more.
On a side note, i ran a Q6600 in an AW9D-MAX...the temperatures were what you are reporting as i dont think the bios flash recalibraed the temperature sensors.
I bought a different board and get the results i do now.
Hopw can you be sure its the CPU anyway? Does the HS/FAn feel hot to the touch? If not, you are barking up the wrong tree anyway.