Zefir, I'm happy to see something proactive occurring from the Bitsyncom camp, but please for you sake I think you need to re-consider the following;
1). Refunding from your own pocket right now. As much as I dare say Bitsyncom see the need to quell the discontent here, they are flakey at best, so if I were you I'd hold out on the notion you'll 100% receive your refund in the short term. Just for your sake to be safe.
2). There is a huge amount of chips, 135 boxes that were delivered in June to Bitsyncom, as described on the customs info using the tracking number. These are unaccounted for in their entirety. I'm surprised you would discount litigation at this point, as you must be out of a considerable sum from your own pocket beyond just the chips. Certainly Burnin will be, as will BKK, Terrahash and anyone, including all your customers that have coughed up for assembly and parts, and their own time. Certainly the assemblers can afford to refund some of the funds, but they are already huge.y out of pocket for inventory, and hours spent aside chips due to Bitsyncom's shennanigans.
There is a long way to go before this is remotely rectified. If proof to the contrary cannot be provided, which if there is truth to Bitsyncom's claims, proof could then easily be provided, fraud has taken place. It never will be rectified, but really it is up to the community to decide about litigation, and I'm surprised you are so flippant and eager to forgive, when the debt incurred is far beyond that of chips Bitsyncom promised and hand in hand over ten weeks ago. People gave up jobs, and set up businesses and bought stock for their inventory. They have already invested time and money beyond the chips themselves they will never get back. That is not cool, and needs to be addressed. Some of these people face bankruptcy, which may well could have been avoided if Bitsyncom addressed and communicated the issue as and when they knew they would be a little bit late, or reasonably late, before becoming considerably late, then far too late. The fact they didn't boggles the mind as to what, of any honesty to their claims exist. Again the truth is easy to provide evidence for, and unfortunately you may yet have to force that hand with the threat of litigation. As Bitsyncom are clearly reluctant to provide proof, again if true would be effortless, one can only assume they are not being honest. Supporting paperwork at the very least needs to provided, or if needs be demanded via legal action, for those out of pocket to be reimbursed. Again Bitsyncom's efforts in continuing to voluntarily repay back as much of the debts incurred can only benefit them in the long run in the eyes of the law.
Litigation harming Bitcoin is nonsense, it would in fact mean that companies go the extra mile to ensure Bitcoin becomes a safer alternative, further solidifying it's existence as an alternative payment method to traditional finance. It's up to the community and companies involved to play a smarter game.
I am afraid, litigation will indeed harm Bitcoin and the whole crypto-currency space. It will provide a great opening for regulators to justify regulating the whole industry, not just in the U.S., but everywhere else including Europe. When that happens, all of the Bitcoin Foundation efforts to calm down regulators will have come to naught. Do you want to have to fill out a ten-page application form to a government agency just to be able to start mining? Imagine then the bureaucrat who will decide on your business' fate: whose interest will he have in mind, yours, or the whole Bitcoin business space? I say neither. He will make the safest decision, one that will not bite him later.(Don't take that as a literal example, it is just an example, one of the effects of regulation.)
EDIT:
And the more innovative your proposed business is, the more opposition you will encounter from the bureaucrat. Goodbye innovation, the mother of Bitcoin and all crypto-currencies.
I am not saying there should be no rules either. If you care to continue this discussion, I suggest we proceed here:
https://bitcointalksearch.org/topic/as-a-community-we-need-to-be-able-to-govern-ourselves-285654