No, you have it wrong.
They not only sell the GPU die, but also give the electrical specs and boundaries alongside the core design of what the GPU is capable of.
It remains to be known if EVGA acted within those specs or not. This is a similar kerfuffle as Intel's MCE that pushes the thermal and power limits beyond the base TDP. Thing is, Intel also provides guidelines for those values. It is not a stretch to assume nVidia does the same to their AIBs.
Also, do not forget at the beginning Ampere HAD issues with power delivery because the power circuitry was badly implemented, so they had to cap power via drivers.
Regards.