Hyper 212x copper pipes

Looks like it was damaged by dropping the heatsink or maybe damaged in shipping, dropped by the delivery guy, etc.

Do you think the heatsink would still work the same as a regular one or should I get a new one from cooler master.

If there is any leak in the heatpipe, it will not function correctly.
I would contact coolermaster for a replacement and in the mean time, install the cooler and see if it works. Run prime95 and see what temps you get with it in the above condition. If it works fine, you can cancel your request for replacement.

I have it installed and I have even run games on ultra to see what temps and I get around 40 to 60 Celsius depending on the game

So nothing is wrong with it if it keeps my CPU cool and it won't act up. I have had it installed for a couple weeks and just noticed the issue now and the temps have been fine never going over 65 or so

As long as the heatpipe does not leak, then it is ok to use. Are those temps from stress testing? If not, run either prime95 or IBT and see what your max temp is running.

Okay thank you. Last question I mentioned a smell earlier do you know what that would be coming from. I thought it would be from the copper pipes on the heatsink. My system is relatively new is it just something that will go away eventually?

Only a couple weeks I've had it total.

i would:
contact coolermaster by phone, talk to the rep and ask him if you can send him a digital pic via email
i'm pretty sure he will send you a replacement for free....then u will have two, install which one u want

As for a smell, new parts often give off a smell or odor the first time or first few times they are pw ON.
If you do not smell anything now, I would not worry about it.