"Defendants either never delivered these machines or delivered them so late that they became obsolete."
Sounds like BA/Minersource, right?
It does indeed sound like BA/Minersource. This is proof that their bullshit pre-order "Terms and Conditions" won't fly with the FTC, nor the courts. Maybe if they were a couple of months late, they would get away with it. But just like BFL, they are grossly late, the products don't meet specifications, they misled costumers about development capabilities and timelines, and (hold on to your ass, cause even BFL wasn't this bad) they sold potentially dangerous electronics in the US.
Groups like the FTC and SEC have a hawk's eye on anything related to cryptocurrency right now, especially anything that even smells like a scam. This on top of the usual watchful eye they have out for consumer protection issues.
I realize BA is somewhat "safe" as they are not a U.S. based company. But Minersource... that's another story. It doesn't matter if you're "just a reseller." That argument won't last long with the FTC. If I were you, Minersource (Bobsag, Thomas) I would start fighting BA on behalf of your costumers instead of fighting with your costumers. Get our money back. Or pay us out of pocket... it might be cheaper for you in the end.