It was a faulty card for sure, temps were nice and low even under stress. It's all sorted now when i got the replacement card today. it works like a charm
the asus card is idle at 35c and under load around 60-65. I am very happy with the card.
Edit: I think it must have been faulty cuda cores on the other card.
when running the old nvidia fluid demo it only produced around 10fps, the gtx 260 got me ~20 something, and the new replaced asus card is 45fps