Not really. It is an assembly with a prefinished product. Last time I heard such a discussion and it went to court it was specifically important that the product is specifically made for the client, that is after his wishes, and cannot be sold without loss to anyone else.
Lets highlight this passage:
"and cannot be sold without loss to anyone else"This is exactly the case here because no one would want buy these boards anymore.
As we say: In German Courts and the high sea, you are in the hands of chance.
precisely
announcement:
I won't be selling to end-users anymore.Reasons:- Time. I want to provide you with BitFury and CoinTerra mining boards for which i need lots of development time.
- Development and Manufacturing of electronic devices is my main qualification, not running an online-shop
- I failed to provide adequate customer service.
Some of you never heard back from their requests. - The last 3 month i worked 7 days a week all day long.
This is slowly beginning to take its toll
Consequences:- I will continue to develop and build mining devices.
- These will be exclusively sold in large quantities to distributors.
- existing orders will be processed and delivered or refunded.
- For the upcoming Bitfury Boards i am negotiating with a 3rd party to manage the end-user sales.
But i am open to anyone interested that has the infrastructure to handle it.
Further refund information:I thought long and hard about this whole mess we're all in.
And i am NOT content with the current model.
50% refund is all i can offer >NOW< without going instantly bankrupt. I plan give back more, if i can.
Therefore any reuse or resale of the remaining components will be refunded. (You bought these with your money after all)
That means you do not need to buy bitfury boards from me in order to get those extra 20% back.
If you can wait until then it could be sent in one transaction. (about 2-4 weeks to wrap everything up)
I value fairness above most other things like profit for example.
That goes both ways, and almost all of you are upright honorable people which i am deeply grateful for.
To you paypal disputers: i hope you can accept the proposed solution.
.
A plain statement of saying that you can refund 50% without going bankruptcy is hilarious imho - without providing further details.
Also your threat of sending out unfinished boards to customers won´t hold in a german court ruling; you are not fulfilling your side of a contract. The input (pre-production) of yours (material and time-wise) will very likely be counted to your disadvantage.
I am of course aware that you were only trying to provide a great service to your customers and as such pre-producing parts of those miners. Nontheless - this is case is not as simple as you are putting it and I am awaiting your statement.