KNC are surely guilty of false statement of fact, i.e. misrepresentation?
They claim they are offering *completely free* hashing to compensate for any delays (
https://bitcointalk.org/index.php?topic=170332.msg7550611#msg7550611). It's a no-strings-attached statement and no doubt led many customers not to ask for a refund.
Then this *completely free* hashing to compensate for any delays
is made conditional on giving up bonus rig (i.e. strings-now-attached).
If they don't offer the *completely free*, no-strings-attached hashing they promised in the February newsletter, then their original statement was misrepresentation?
Because giving up a machine supposedly worth $10,000 is in no way *completely free*.
They also said this in the same newsletter:
If, during the course of development of Neptune, there is any threat to the timelines for delivery, those delays will not result in the loss of any mining time for our Neptune customers.
If you don't accept the "HWYW but lose bonuis miner" con, then you WILL be suffering loss of mining time if Neptunes are delayed (which is today folks - Q3).
And I think them stating yesterday they ran out of wafer/chips is acknowledging a major delay in the Neptune delivery timeline.
So KNC is either guilty of fraud or misrepresentation - you or your lawyer decide.