Unfortunately, I think that statement is written too loosely to hold up in court. It will be too easy for a lawyer to say "my client is both willing and able to fulfill these rewards, he just needs more time/money/etc". Unless there are more specific constraints in the full TOS (which I haven't looked at), this statement won't offer much protection to the backers.
<blockquote>Unfortunately, I think that statement is written too loosely to hold up in court.</blockquote>
I don't think its too loose to hold up at all, but I do think there is some question about how courts will construe timing requirements. Certainly, there is no obligation sooner than the estimated delivery date, but its not entirely clear when a deliver-or-refund demand becomes enforceable.
<blockquote>It will be too easy for a lawyer to say "my client is both willing and able to fulfill these rewards, he just needs more time/money/etc". </blockquote>
Saying that you need resources (e.g., money) you do not have to meet an obligation is equivalent to saying that you are unable to meet the obligation. Given the way the time conditions are written, demonstrating that more time was needed, and that that time was reasonable in light of the circumstances, and that the creator did not need other resources they didn't have might work.
