I'd take a refund and the opportunity to "wait in line" again as I'd much rather pay 10 btc per unit than 50 btc which is likely to never be mined by these batch1 units. However this scenario is out there in fantasy land and there is no way they'd go for it. It's looking like they are just going to wait until the very last moment, ship the units a day before dec 31'st or precisely on dec 31'st and claim that this constitutes meeting their deadline - nevermind the fact that customers will have their units in hand only 3 to 4 days (if not longer) AFTER 31'st.

edit: corrected wrong date