and there is a ground short in the case itself.

Which can ONLY happen if some foreign object, like an extra standoff or loose screw, is under the motherboard.

but are you telling me that the CPU fan I have voids the warranty?

I'm not exactly sure what you mean by retail version I bought it and it didn't come with a CPU Fan. It was just the chip.

No. I said IF you bought a CPU that came with a fan, then using a 3rd party fan voids the warranty. Since your CPU did not come with a fan, then you can (must) use a suitable 3rd party fan, AND a properly applied layer of TIM. So you can use your fan if it is rated for the CPU and the warranty issue does not apply to you.

For more information on the warranty here's my canned text that covers both AMD and Intel CPUs:

It should be noted that using a 3rd party cooler on retail (not OEM) versions of Intel and AMD CPUs voids the warranty!!! And damage attributed to overclocking is not covered under any CPU warranty either, regardless any overclocking features or software provided by motherboard makers. Certainly, this is not a concern for some enthusiasts. But it is a concern for many others, and everyone should be aware of it.

Intel CPU Warranty Information (my bold added)

Intel warrants the Product (defined as the boxed Intel® processor and the accompanying thermal solution)... ... if the Product is properly used and installed, for a period of three (3) years. This Limited Warranty does NOT cover:

• damage to the Product due to external causes, including accident, problems with electrical power, abnormal electrical, mechanical or environmental conditions, usage not in accordance with product instructions, misuse, neglect, alteration, repair, improper installation, or improper testing; OR
• any Product which has been modified or operated outside of Intel's publicly available specifications

AMD CPU Warranty Information (their bold)

AMD is more straightforward on their page where it says the following concerning their retail, Processor In A Box (PIB), versions of their CPUs:

This Limited Warranty shall be null and void if the AMD microprocessor which is the subject of this Limited Warranty is used with any heatsink/fan other than the one provided herewith.

This limited warranty does not cover damages due to external causes, including improper use, problems with electrical power, accident, neglect, alteration, repair, improper installation, or improper testing.

The good news is since both AMD and Intel warranty their boxed CPUs for three years, and since replacing them at their cost is not something they want to do, both make excellent cooling solutions both in terms of cooling abilities, but also in noise levels.

well the fan I have said it was rated for the phenom that's why I got it and I haven't even tried to OC it yet most of the time I don't anyway but I'm not gonna mess with anything on that computer until Monday when I can get some more TIM and test everything like ASUS said.

Sounds good. Keep us posted.

ok just got home from work took pc apart and cleaned off the TIM there was a lot of it on there but when I ran the pc probe from asus when I was playing GTA4 the hottest the CPU got was 44 C now it's 47 C and there is just a thin layer of it on is this normal? I don't want the CPU to fry.

Yes thats good.

47°C is fine. And note most TIMs cure over several heat/cool cycles so your temps may drop a couple over the next couple days.

ok well here's a new addition when I start the computer the power supply humms, and I mean humms, loudly it never did that before I think this power supply is going out I've tried turning the computer on it's side and having it stand upright and it still humms.

I've tried turning the computer on it's side and having it stand upright and it still humms.

Not sure what you expected from that. I guess if a fan was about to fall out, that might has done it.

Without a doubt, you should stop using this machine until this power issue is resolved. You don't want a failed PSU taking out everything connected to it. Here's my canned text on testing PSUs.

To properly and conclusively test a power supply unit (PSU), it must be tested under various realistic "loads" then analyzed for excessive ripple and other anomalies. This is done by a qualified technician using an oscilloscope or power analyzer - sophisticated (and expensive) electronic test equipment requiring special training to operate, and a basic knowledge of electronics theory to understand the results. Therefore, conclusively testing a power supply is done in properly equipped electronic repair facilities.

Fortunately, there are other options. I keep a FrozenCPU Ultimate PSU Tester in my tool bag when I am "in the field" and don't have a good spare power supply to swap in. While not a certain test, they are better than nothing. The advantage of this model is that it has an LCD readout of the voltage. With an actual voltage readout, you have a better chance of detecting a "failing" PSU, or one barely within specified ATX Form Factor Standard tolerances. Lesser models use LEDs to indicate the voltage is just within some "range". These are less informative, considerably cheaper, but still useful for detecting PSUs that have already "failed". Newegg has several testers to choose from. All these testers contain a "dummy load" to fool the PSU into thinking it is connected to a motherboard, and therefore allows the PSU to power on, if able, without being attached to a motherboard - great for testing fans, but again, it is not a true load or suitable for conclusive testing.

As mentioned, swapping in a known good supply is a tried and trued method of troubleshooting used for centuries, even by pros. Remove the "suspect" part and replace with a "known good" part and see if the problem goes away.

I do not recommend using a multimeter to test power supplies. To do it properly, that is, under a realistic load, the voltages on all the pins must be measured while the PSU is attached to the motherboard and the computer powered on. This requires poking (with some considerable force) two hard and sharp, highly conductive meter probes into the main power connector, deep in the heart of the computer. One tiny slip can destroy the motherboard, and everything plugged into it. It is not worth the risk considering most multimeters, like plug-in testers, do not measure, or reveal any unwanted and potentially disruptive AC components to the DC voltages.

And remember, anything that plugs into the wall can kill. Do not open the power supply's case unless you are a qualified electronics technician. There are NO user serviceable parts inside a power supply.

Oops. I see above, I was going to post my canned text on selecting the right size PSU and forgot. So here's that canned text too:

Use the eXtreme PSU Calculator Lite to determine your power supply unit (PSU) requirements. Plug in all the hardware you think you might have in 2 or 3 years (extra drives, bigger or 2nd video card, more RAM, etc.). Be sure to read and heed the notes at the bottom of the page. I recommend setting Capacitor Aging to 30%, and if you participate in distributive computing projects (e.g. BOINC or Folding@Home), I recommend setting TDP to 100%. Research your video card and pay particular attention to the power supply requirements for your card listed on your video card maker's website. If not listed, check a comparable card (same graphics engine and RAM) from a different maker. The key specifications, in order of importance are:

1. Current (amperage or amps) on the +12V rail,
2. Efficiency,
3. Total wattage.

Then look for power supply brands listed under the "Good" column of PC Mechanic's PSU Reference List. Ensure the supplied amperage on the +12V rails of your chosen PSU meets the requirements of your video card. Don't try to save a few dollars by getting a cheap supply. Digital electronics, including CPUs, RAM, and today's advanced graphics cards, need clean, stable power. A good, well chosen supply will provide years of service and upgrade wiggle room. I strongly recommend you pick a supply with an efficiency rating equal to, or greater than 80%. Look for the 80 Plus - EnergyStar Compliant label. And don't forget to budget for a good UPS with AVR (automatic voltage regulation).