Further update, I received the replacements back and they ran hot in AIDAx64 but just under 100°C throttle temps with the Intel HS/F.
So I checked if I had been sent the right stuff and asked how the screeny was made, apparently the 82°C screeny sent by my retailer was in fact made using a Zalman CNPS9700 cooler, not the Intel HS/F. So that is comparing apples and oranges. I will edit my previous post to reflect that, sorry if it mislead anyone, I am in the middle of testing but I thought I better make this clear the moment I knew about it.
Currently the situation is that my retailer accepted my RMA based on Intel HS/F AIDAx64 stress test (on their instruction) and agreed it was overheating after testing themselves.
They then replaced the components but used a non Intel cooler to test these before sending them.
They are also recommending that when running the AIDAx64 test that a better than Intel cooler is required to prevent overheating for this model of CPU (4790K).
So while an Intel cooler can be used for testing it is not the recommended cooler for stress testing and a thermal throttle event in AIDAx64 using Intel HS/F does not guarantee an RMA.... make of that what you will.
I have tested with the Intel HS/F and the retailer tested replacement CPU does suffer thermal throttling in AIDAx64 at default settings with 4.2 turbo.
