By the look of your answer, it is not ok when the miner has a 42% hardware error rate? I don't understand the answer from the owner of Bitcoin Merch then.
For me, it is not ok if the miner reaches almost 50% of the hardware error but this issue can be solved and according to your hashrate for me, it looks fine.
Sometimes this issue comes up on the first run and the miner needs to be warmed up first to get rid of this issue. So I suggest try to reboot the miner after warmup and now monitor the hardware error. If the issue is still there then downclock the miner.