My vote is this is an engineering sample.  This is not "shipped" to customer.  "Shipped" indicates a full working unit in the customers hands at the customer premesis.  Clearly this is not.


"at least one BFL customer" - debatable as this occured at BFL's location, the device is not actually with the customer
"with a bitcointalk.org forum account established prior to the bet's opening date" - OK
"shall post detailed and credible photos of the device on the forum" - OK
"including photos of it operating, and report its hashrate." - OK
"This customer cannot be a BFL employee." - debatable at this point

As for 75% of advertised hashrate, the answer is NO.

"Advertised" was 60Ghash.  Just because they revised it to 30GH at the last second doesn't meet the definition when the bets were placed.  23GH is 76% of 30GH.

GRASPING.  AT.  STRAWS.