I spoke to a lawyer, showed him the terms of sale and here is what he said:
- Since you had to agree to the terms by checking a box when you purchased they are enforceable.
- Section 3a is the important part. It says:
"(a) Guaranteed Baby Jet Delivery Dates – Batch 1. All of the 550 Baby Jet units from Hashfast’s first production batch are guaranteed for delivery by December 31, 2013. If Buyer ordered one or more units of such Baby Jets, and Hashfast does not deliver such units by that date, then Buyer may cancel the undelivered portion of the order at Buyer’s request and Hashfast will refund the payment for the units that Buyer purchased but did not receive and cancelled. This cancellation and refund is Buyer’s sole and exclusive remedy for Hashfast failing to deliver by the December 31, 2013 guaranteed delivery date. To avail itself of this remedy, Buyer must cancel the order before such unit(s) are delivered by Hashfast, and in any case before March 31, 2014."
The interesting part is it does NOT say that you can not cancel an order before Dec 31st! It just says if HF does not deliver by then your remedy in that situation is cancellation and a refund. It does not say anything about the buyer requesting a cancellation BEFORE then!
- Later on in section 3f it says: "No order or any part thereof may be rescheduled or cancelled without Hashfast’ prior written consent except for cancellations permitted under this Section 3." This may be taken to mean "no cancellations" but it is unclear as it is buried in the section regarding a customer refusing delivery or contesting a shipment.
- The Dec 31 deadline contradicts HashFast's advertising material, direct e-mails, and blog posts which repeatedly announced a Oct 20-30 ship date.
- In the event of any ambiguity regarding the expected ship date, the legal system must allow cancellation of the order. From the lawyer: "There is a concept of law wherein if someone provides a contract that has an ambiguous term then that term is construed against the entity providing the contract." In the lawyers opinion, since the purchase agreement, namely section 3a, is ambiguous, then the courts should be find in favor of the customer and allow cancellations.
- Since you had to agree to the terms by checking a box when you purchased they are enforceable.
- Section 3a is the important part. It says:
"(a) Guaranteed Baby Jet Delivery Dates – Batch 1. All of the 550 Baby Jet units from Hashfast’s first production batch are guaranteed for delivery by December 31, 2013. If Buyer ordered one or more units of such Baby Jets, and Hashfast does not deliver such units by that date, then Buyer may cancel the undelivered portion of the order at Buyer’s request and Hashfast will refund the payment for the units that Buyer purchased but did not receive and cancelled. This cancellation and refund is Buyer’s sole and exclusive remedy for Hashfast failing to deliver by the December 31, 2013 guaranteed delivery date. To avail itself of this remedy, Buyer must cancel the order before such unit(s) are delivered by Hashfast, and in any case before March 31, 2014."
The interesting part is it does NOT say that you can not cancel an order before Dec 31st! It just says if HF does not deliver by then your remedy in that situation is cancellation and a refund. It does not say anything about the buyer requesting a cancellation BEFORE then!
- Later on in section 3f it says: "No order or any part thereof may be rescheduled or cancelled without Hashfast’ prior written consent except for cancellations permitted under this Section 3." This may be taken to mean "no cancellations" but it is unclear as it is buried in the section regarding a customer refusing delivery or contesting a shipment.
- The Dec 31 deadline contradicts HashFast's advertising material, direct e-mails, and blog posts which repeatedly announced a Oct 20-30 ship date.
- In the event of any ambiguity regarding the expected ship date, the legal system must allow cancellation of the order. From the lawyer: "There is a concept of law wherein if someone provides a contract that has an ambiguous term then that term is construed against the entity providing the contract." In the lawyers opinion, since the purchase agreement, namely section 3a, is ambiguous, then the courts should be find in favor of the customer and allow cancellations.