[Activating devil's advocate mode]
I didn't read the fine print on Newegg or Amazon, but every experience I've had is that a consumer is not required to provide a reason or excuse to "justify" their return. It's entirely up to the consumer. Even insane consumers who believe their CPU is possessed by demons can return the CPU for that subjective reason that has no basis in reality.
Couldn't this guy claim his CPU was possessed by demons that prevent it from overclocking?
Also, maybe this is going too far on devil's advocate mode, but could the whole PC crowd actually benefit from returns on CPUs that don't overclock? Would it send a message to CPU manufacturers that consumers reject chips that poorly overclock? Haven't you ever heard of the "black edition" CPU marketing scheme, surely AMD got the message somehow that consumers like to overclock, so they know there is market incentive to develop chips that overclock.
Without people returning poor overclocking chips, how will AMD or Intel be kept in line to make chips that we can overclock? We'll just get artificially-locked chips that forbid any overclocking... WAIT A MINUTE... that's actually happening where CPUs are sold at one price and you pay to unlock performance... no way we need to send a message to stop that....
[end sarcasm/devil's advocate mode]