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They probably won't take it

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is it worth returning gigabyte GTX 980? it has a %64 asic quality witch is a lot lower then my 760 and my 980 doesnt even go up to maxwells normal speeds of 1500mhz + even tho gigabyte says its a binned chip.

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so its performing lower then a normal 980

depends, did you just get it ? and would you mind the downtime ?

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If a higher speed is guaranteed and it is actually worse, then definitely you should be able to return it or sue them

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since asic qualities basically mean nothing, they won't take it i think. also, as long as they havn't claimed that the card would have a good asic quality, they won;t have to take the card.

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maxwells normal is 1500 i thought

GTX 980 Engine Specs:

2048CUDA Cores
1126Base Clock (MHz)
1216Boost Clock (MHz)
144Texture Fill Rate (GigaTexels/sec)

 

Chipset GeForce GTX 980

Core Clock Boost:1354 / Base: 1253 MHz in OC Mode
Boost:1329 / Base: 1228 MHz in Gaming Mode

 

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maxwells normal is 1500 i thought

My 980 is quite happy around 1400, but it will easily go up to 1500 if I OC it. 

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my 980 struggled at overclocking to 1450mhz

I think I have ASIC of 71%

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still, if you try, they'll get around it. You won't be able to get away with it, you honestly, should just RMA it and get a different brand like EVGA who cares about their customers.

the story is that i went out to buy a evga GTX 970 FTW but when we got to  microcenter they were out of stock and the g1 gaming 980 was only $40 more and the 980 has more cuda cores so i bought that instead 

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