Since ActM does have a mining operation there's some leeway, but caution is very mandatory here.
The more that I think about it, this is a tricky situation. I understand both sides of the argument, because if the customer requests a refund and the funds have already been distributed then we are all shits up creek on that one. Considering the fact that it is a pre order, maybe those perceived profits from the miner ordered should not be paid out to any share until the hardware is realized and ready to be shipped. Only then to the profits get distributed. Seems logical