I too was "out of luck" with an amd cpu. It was brand new oem, not retail and had an obvious manufacturing defect. I emailed the photo to AMD support who more or less acknowledged it was a manufacturing defect, but said it had no warranty. It was even worse actually as it was a mobile xp-m they said they did not offer any warranty on mobile products.
I sent it back to the retailer (ebay United States seller) who tells me he is trying to RMA it to the supplier but I think I have no chance of seeing a replacement.
In future I would buy a UK retail packaged cpu if buying amd from anything less than a reputable supplier - I'm sure with the likes of ebuyer you would be covered even with oem?