Get Rivatuner, and try upping the fan speed to 50%+.
Going bad?? ahhh lol. I hope not its brand new, i got it yesterday!
I would RMA it or return it to the store. You got a HOSS of a power supply. It should work just fine out of the box.
I have bought a few video cards defective on arrival or bad after one day of operation.
A HOSS power supply?
So nobody has any other ideas what could be wrong? I mean the temps look ok, idle its only 36 degrees according to Speedfan. i've take it out and plugged it back in again after blowing dust out the slots.
If out of the box its not running properly on all games, RMA.
I just bought a GTX 260 and it has some issues if I touched the clock. I took the cooler off and put some good paste on it and the temps really didn't change but it must transfer heat better because I don't have the issues.
If at the factory settings it has issues, it could be bad. I'd RMA to be safe. Unless you want to try and regoop it if you have paste. if you don't just mail it back.