Thank you for the replies, however I did mention that my issues are taking place when there is no load on the GPU you. Call me crazy but as Sagath mentioned that should eliminate PSU issues never mind overheating issues.
Concerning the PSU, currently the one used is an AX860. In the other rigs I tried the 1070 in, they used an AX760i and an EVGA 750 G3.
I wish I could RMA the card but AFAIK it is now too old. I am trying to contact the friend I bought the card from to see if he can help me out. It was to be a working card.