batch 2 orders are not eligible for refund yet as they were technically not effected by the delay.
Most jurisdictions in the US provide a rather stringent set of consumer protection laws. Those are what decide whether customers are eligible for refunds, not you.
Being that MinerSource is located in Denver, Colorado, it took only a couple minutes of Googling to find all the state (and local) consumer protection agencies for Denver. While one of them forcing a refund is (probably) a bit unlikely, it's still the kind of attention that many businesses just don't want to to have to deal with, and a headache all around.
Not to mention that people in other US jurisdictions that placed orders may have their own recourse options available. I'm not saying that anyone can,should, or will ask for governmental or legal intervention, but a blanket statement that a large number of orders (that haven't shipped yet) aren't eligible for refunds is rarely a good way to conduct business.