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 mount 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. 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.
Thank you for this constructive and sane response. I am perfectly with you with all you are saying. But...
I am either just tired from dealing with this over almost half a year, or just too old for this sh*t. Here in Germany we have a relevant saying (sorry for the crappy translation) like
'being right and getting your right are two different pairs of shoes', and in this case the price to get our right for what we know we are right IMHO is too high.
My argument is this: Avalon's dealings in this case are limited to chip sales (to private or group-buyers), they never had an agreement with any designer or manufacturer out there to develop and sell mining rig. There is no contract or anything you could base a legal recourse on to enforce a compensation. As most of the forum folks here IANAL, therefore I try to get some assessment by looking at potential but simple precedence cases. So what if AMD today announced some xx970 chipset and some independent developer starts designing an LC-mining card based on that without having an agreement with AMD. Then (how unexpected) chipset gets delayed or canceled, while developer already spent time and money that is lost now. Would any judge anywhere really care? My feeling is not, but again IANAL.
All we have is the contract to deliver chips with a given lead time of 9-10 weeks. There are no terms included regarding compensations for late orders nor any other form of penalties defined. All we have is a contract that was breached by Avalon and was offered full refund instead. Here I'd expect that any judge would consider this as a fair compromise.
We might speculate why all this happened and even assume that this was all planned and set up by Avalon to crush competition and keep miners invested while developing the next and next-next-gen chip. But until otherwise proven I personally give them the benefit of the doubt and assume things went wrong outside their control. Sooner or later we all will know what happened, and with that my preference is to let the market judge instead of loosing more money and nerves to lawyers.
This is only my personal opinion and in no way meant to represent this group buy or any user participating. I will provide every single bit of information or document I have available to support someone going the litigation path, but I myself am not going to dump more resources or nerves into this.
I am tired and I want to forget.