Our preliminary tests show that the boards are falling a bit short on hashrate. This might be due to differences between wafers, immature software or SPI issues. Because we are in a hurry to ship, you win: I will ship your ordered hashrate regardless (ie. more hardware free of charge) until we fix this issue and can provide 400GH in one unit.
This..
400Gh was not delivered in one unit. The bet specifically mentions the word 'unit', as in 'a 400Gh unit must exist'. The 400Gh unit was 365Gh, therefore the unit, as advertised, does not meet performance specs. Shipping more hardware does not change this requirement in the bet language.
The bet is therefore a no.