This is the email i got back:
Hi *,
Thank you for your quick reply. Sorry to hear of the situation. You sent me an invoice, not a signed contract. Do you have a signed contract with the San Jose Company? A signed contract will show a written agreement and may have different terms.
According to the invoice you sent me, between pages 1 and 2 of the invoice it states your remedy and process for cancelling a future delivery because of delay and the refund process. It states:
"Baby Jet Delivery Dates. 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, and Buyer must cancel the order by January 15, 2014 to avail itself of this remedy. Buyer to pay all taxes, duties and shipping costs."
Have you communicated a need to stop the delivery and seek a refund from the sender company? Obtaining a cancellation before the December 31, 2013 date depends on whether you have a written contract with different terms and whether the sender company knew or promised that the delivery of the item(s) by a specific date. Do these apply to your situation?
If you wish to hire me, I charge $300.00 USD per hour and will require a $5,000.00 USD retainer up front and signed retainer agreement. At this time, I have not be retained by your or your company. I would say we should meet in person, but you are in *.
Thank you.
Are you sure those are the Conditions of Sale at the time when you placed your order? I'm one of the early orders and my Terms and Conditions of Sale (HASHFAST ONLINE TERMS OF SALE Ver. 1.B – Revised August 8, 2013) do not mention the December 31 date:
DELIVERY AND QUANTITIES.
1) Products shall be delivered EXWORKS (Incoterms 2000) Hashfast’s manufacturing facility, or other facility as designated by Hashfast, unless otherwise agreed in writing between Hashfast and Buyer. 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. Timely delivery requires Buyer to provide all necessary order and delivery information sufficiently prior to the agreed delivery date.
2) In the event Buyer contests delivery, the Buyer must request a proof of delivery from Hashfast within ten (10) days of the date of Hashfast’s invoice or guaranteed delivery date (whichever occurs first), otherwise delivery shall be deemed completed. If Buyer fails to take delivery, then Hashfast may deliver the Products in consignment at Buyer’s costs and expenses.
3) Buyer will give Hashfast written notice of failure to deliver and thirty (30) days within which to cure, unless the order confirmation explicitly guarantees a delivery date. In any case, Buyer’s sole and exclusive remedy after such cure period or guaranteed delivery date is to cancel the affected and undelivered portions of the order.
4) No order, Agreement or any part thereof may be rescheduled or cancelled without Hashfast’s prior written consent.
Also, when I ordered the dates were pretty clear. It did not say 'Anticipated to ship' at the time.
j/k