I don't think it is as cut and dried as "you should not and can not expect stability out of the box". If it doesn't overclock, you RMA it, if the new one doesn't overclock either, either you are bad at overclocking or you got really unlucky in the silicon lottery. It just doesn't fit the facts to say that you shouldn't expect 5400 Mhz ram to work at 5400 Mhz, even if Intel says the spec is 4800 or whatever. Now 7200 Mhz, that is pushing it and is a lot more like snake oil.