No you're right, it 'shouldn't be' that temp with that cooler (even though it's not a recognized model). I would advise 2 things:
1.Your cooler isn't working properly due to poor thermal conduction (re-apply paste, use Artic silver5)
2.The monitoring system on your PC is mis-reading your temperatures (for these type of problems, one of the best people to speak to is Computronix, he really knows his stuff)
Other than that, if 85c is the max you are getting to (P95 is pretty brutal) it could be that the air flow in your system is re-circulating which would reduce the amount of heat your cooler is able to effectively conduct away. Have you tried (you probably have) removing the side of your comp and seeing what that does to your temps?
Sorry I'm not being much help! Worth trying everything IMO before sending cpu back and being computerless which is very bad...;(
AC