You sure that they cant sell it as oem and put 3 months warranty on it/say its refurbished or second hand or what ever they call it.I ask because in my county you can find those mining gpus only with 3 month warrranty(europe but not in eu)
I am sure they can try to sell something like bulk vs retail.
Bulk can only be used if you you have some kind of service in your shop and you are replacing parts.
There are many ways to bend the law but still, fact is that cards like that cost almost the same as regular ones and warranty is not 36 months but only 3 months.
Many people would buy these cards if their prices were at the right level with their warranty.