There is a huge difference between warranties on OEM chips and retail chips. Retail chips have the warranty from the manufacturer (ie. AMD, Intel, and so on). OEM chips only get the warranty from the retailer which you buy the chips from.
You call AMD to get an RMA on a defect or burnt OEM Athlon a week after buying it from ABC.com, they will politely tell you to fvck off.
Then, you call the ABC.com, but ABC.com turns one of those dinky online retailer with a lousy customer service, and it ends up taking 5 months for you to get a replacement. In a meantime, your credit card gets charged double the amount, and so on. Basically, OEM chips are to be sold together in a system but not by itself.
With a 3 year retail warranty, the manufacturer will gladly replace it with a new one. Although you may still experience some hustles, you will be dealing with the manufacturer.
As far as breaking the warranty with the pencil trick, where you can find a pencil, you can always find an eraser. However, I would not be calling AMD if my, drilled-with-Demel, Duron died. In fact, for the reason, I got an OEM version for it.
I usually try to get retail versions for chips costing around $150 or more, and I usually care more or less for chips costing around $50.
$24 difference is somewhat substantial, but I would go with the retail. I personally prefer running it quiet at 1533Mhz using a retal HS/fan than getting a HS/fan with 7000rpm vacuum cleaner sounding Delta fan next to me.