Note that while I'm writing software for them I'm just a contractor so I have no direct allegiance with them, so I'm trying to sift through all this information and I want to know if anyone has kept a copy, screenshot or whatever, to show that they promised to deliver by October 30th? I certainly remember it being implied when I first looked but wasn't really watching early on to see what was being advertised.
Hi Con!
Thank you for all the work you're doing to ensure cgminer works flawlessly with HashFast ASICs.
Per our ToS, Dec 31 is the guaranteed delivery date for Batch One.
Best,
-HF_CL
That might be your ToS, but this one is mine:
http://pastebin.com/EfS9vmRfThis is the announcement post on bitcoin talk:
https://bitcointalksearch.org/topic/hashfast-launches-sales-of-the-baby-jet-270384This is a screenshot of the product page at the time of my order:
https://i.imgur.com/DDessZJ.pngThis is my order confirmation:
https://i.imgur.com/mHjIYzy.pngThere was no ambiguity in the published statement "Shipments begin October 20-30"
The original ToS did contain the following paragraph:
Except for delivery dates explicitly guaranteed in the order confirmation, delivery dates communicated or acknowledged by Hashfast are approximate only, and Hashfast shall not be liable for, nor shall Hashfast be in breach of its obligations to Buyer because of any delivery made within a reasonable time before or after the stated delivery date.
However a 'guaranteed delivery' date was not present, leaving it open to interpretation as to what 'reasonable time' means in the context of mining hardware purchases. 7 days after my purchase I received a 2nd 'order confirmation' by email with updated boilerplate:
Your order is expected to ship between October 20 and October 30, 2013. Physical delivery of your order will take place within days, depending on the shipment method selected. HashFast guarantees that all "Baby Jet" units from our first production batch will be delivered by December 31, 2013. If Buyer ordered one or more Baby Jet units, and HashFast does not deliver such units by that date, then Buyer may at his or her discretion, cancel the undelivered portion and HashFast will issue a full 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. Buyer must cancel the order and request a refund by January 15, 2014 to avail him or herself of this remedy. Buyer to pay all taxes, duties and shipping costs on units delivered.
Also they had updated their ToS by that date (Aug 15) to include the guaranteed date (However they kept the revision the same at '1.B – Revised August 8, 2013', and now appear to have dropped revision number all together in their ToS so it is hard to know which one you are bound to unless you save a copy at the date of the sale).