So, as stated before, and the others have proven... Estimated values, are just estimates, even by a "regulatory board". (Regulatory boards use closed-loops, which are "perfect world" constants.) Saying it gets 34MPG and then it actually gets 42MPG would also be a "lie", so that german car defense is moot, and untrue BS. (I am sure a few cars are under-estimated, but not all german cars even have that information.)
But anyways, you are complaining about a few watts, on specs that were an estimate, for a machine that didn't exist at the time, and is just being "made" now. Is that how you buy cars... You bitch about not getting 45MPG, because you only got 38MPG. And you have refused a good deal on a car, because you KNOW it will never get that MPG, at the speeds you want to drive it at.
Ignoramus at its best...
German car companies get their values by driving the cars. American car companies get their values via a hooked up computer to simulate a driver....
I have never seen a driver said "LOOK I am doing 42 MPG but should be getting 34 MPG. This company is a liar."
and therefore, I never have seen a miner complain about getting better hashing numbers than what the company reports. You always hear about people getting speeds under the values reported.
If you have to make a song and dance over stupidity, please consider working @ Walmart. Stupidity at its best there.