Including all Jupiter grade and Neptune grade gear. Not delivered, sold.
"We will not mine with more than 5% of the hash rate we sell"
I came up with a good guesstimate of how many October & November units they shipped:
https://bitcointalk.org/index.php?topic=170332.msg6002935;topicseen#msg6002935
Roughly 12000 Jupiters (using 600GH as an average hashrate between Oct & Nov units) ~= 7Petahash
They sold 3600 Neptunes. But with refunds it's hard to believe there are more than half still holding their order. Throw in a handful of broken Frankenjups and let's say it's the equivalent of 2000 Neptunes
Roughly 2000 Neptunes ~= 6Petahash
They are reported hashing ~6-8 Petahash @ Boden.
So they are easily mining with 50% of the entire hashrate they SOLD. They are probably mining with 100% the hashrate they have previously SHIPPED.
Either way, they are 100% liars and guilty of fraud and mispresentation*, i.e. knc's business is criminal.
(*Misrepresentation is a concept in contract law referring to a false statement of fact made by one party to another party, which has the effect of inducing that party into the contract. For example, under certain circumstances, false statements or promises made by a seller of goods regarding the quality or nature of the product that the seller has may constitute misrepresentation. )