Yes they are, this is covered by contract law.
Yeah. And such law states that the contract can be dissolved in such cases (not sure if that is the correct term..) and petamine received a part of their money back. IANAL, but business-to-business sales generally assume that both sides know what they're doing and lacks many of the protection stuff that exists on the consumer side. If compensation is not in the contract, the chance of getting any is small.
Again, do you really believe, a reputable and experienced company in the bitcoin sphere like cryptx would not think of terms that apply when delivery is late,
especially when it was already late once?
Do you really think they just forgot that late delivery might be a problem?
Also:
Der Unternehmer haftet für die korrekte und rechtzeitige Ausführung des Werkes... (Werksvertrag, Schuldrecht Schweiz)
This states that the producer has to compensate for late delivery, if any occurs.
But again, I am sure cryptx didn´t just forget that there was a possibility that bitmine would deliver late a second time.