Another, less ominous explanation,,, (though I hope Fxtec will let us know) is that Expansys had ordered some for themselves that were manufactured at the same time as batches 1 and 2. Those are not affected by problems in the shipping contract. Those went to Expansys Sales, and Expansys ships them for themselves, not Fxtec. Expansys may have remaindered them because of lowered specs, which looks bad but isn't crooked. They didn't have to pay for R&D.
People on Discord have ordered and received. FxTec has acknowledged them and say they will be covered by FxTec for warranty.