As they should, its fraud. You are returning something under the guise that it is defective when in fact you just didnt win the luck of the draw and now you are mad about it.
Think of overclocking as a bonus, not a right. You are promised only the specified xxxxmhz stated in documentation/on box, anything in excess is just gravy. If it doesnt meet that stock value then by all means complain all you want, but this is just the entitlement mentality of our community shining bright.
Your right, it's fraud. And if convicted, you could be fined up to $5,000 or spend six months in a correction
FAHSILLILLITY!
In all seriousness I am not suggesting OP to exchange his chip for another. I am just telling him to prepare for the onslaught..