I'm suprised they fixed it so quick. EVGA must have friends at Newegg or they must have raised a big stink. When there was a serious error with two of BFG's power supplies (Newegg claiming lifetime warranty when they only had 5 year warranty) it took them a good month to fix that error.
Your recourse would be to return the card to Newegg for a refund. Call customer service for the RMA and explain what happened, and demand that they waive the restocking fee as well as pay for return shipping. Don't know if you'll actually get all that, but worth a shot. I'm sure Newegg has some fine print somewhere stating they aren't liable for errors on their site.
I'm pretty sure there is no EVGA 9800 GT that is 55nm, because someone posted regarding this Newegg link at another forum and someone posted saying they phoned EVGA tech support, who told him that all EVGA 9800 GT were 65nm.
In fact, all BFG 9800 GT are 65nm as well (though that will change really soon).
GPU-Z is not always accurate regarding die shrinks. There have been reviews where it reported 65nm and the reviewer pulled off the fansink to show a 55nm chip. I've actually tested this myself, and yes GPU-Z is wrong in reporting 55nm as 65nm. Still, the EVGA cards (as well as 99% of the cards you can buy right now) are 65nm.
http://www.hardwarezone.com.au...view.php?cid=3&id=2707
We checked the core code G92-420-B1 and found that it was indeed a 55nm core, and not 65nm as GPU-Z reported. The B1 in the code indicates that it is 55nm.
http://www.fudzilla.com/index....view&id=8724&Itemid=40
We ran GPU-Z and it displayed the specs showing us that Sparkle's card is based on the old 65nm GPU. Later on, we found more time to play with the Sparkle's 9800 GT card, and after we took the cooler off, we saw the 55nm GPU behind.
I wouldn't worry too much about it because 55nm at this time doesn't seem to overclock any better (new process for NVIDIA) and doesn't seem to run much cooler or draw less power. What it does do is cost less to make, which will pave the way for future price drops. Better performance will come as the process matures.