i am assuming you have never actually read that part of the EULA that neither imply nor expresses a warranty of any kind and if your system has issues its your problem.
Obviously, you know nothing about the law. ANYTHING can be written into a contract, which you can willingly sign, and yet will not be binding. Many clauses are not legal in any country that is based off of British law, as higher law superceeds contract law. So just because it is in the EULA does not make it binding in the least. This is not for any one company in particular, but all. Warranties are guaranteed for everything that you purchase, even on the items that say they have none. If you know your rights, you will never get totally screwed by companies. As soon as you pay for an item or service, you have a right to expect that item or service to perform for a limited amount of time. For this, what we are seeing is that it does not work at all (so far). That means it is defective, not a warranty issue at all. The defect has not been proven to be in the drivers or the game yet. If good drivers are released, that make the game playable for most PC users, then that will prove it was the drivers. The issue however, is that releasing a product that was not working with current technology at the time of shipping and subsequent release, falls directly on Bethesda (as the publisher). They had the responsibility, and still do.
If you simply do not have any patience, or have run out of meds (not this OP, but some of the others thread OPs are out for sure), then just get a refund. That is another wonderful action that cannot be refused (in most legal systems) when the product does not work as advertised. To do so results in major penalties, as well as damages, and possibly a forced recall.
The video card manufacturers
were given prior notice, which is why they had drivers ready on release day. Now it turned out that either A) they were done very badly (esp. by AMD's ATI division, as they do 50% of the time), or else

id changed something (probably unintentionally) after giving them the specs.
It has only been three days, and we have seen
two attempts to get working drivers out. In four more days I will grab my broom and join the cry of shenanigans. But not until then. I have at least that much patience.
For those saying - just refund the PC version and get a console: ROFL! When we get the PC version working with 16K Mega-textures and you are using 4K (since that is all the consoles can handle), then you will know why we own PCs. PS. 16K = 4 x 4K or 400% more pixels. Think HD vs SD. Now think of that in Rage. Now you see why we want our PCs.