Reminds me of paying more for faster internet, yet the contract states they have to provide UP TO what ever speed. You can technically get less speed while paying more. Just another way companies write the contracts in their favor.
It wouldn't surprise me if this becomes the norm in any 'place in line' list with high value items. Companies would love the ability to offer the chance to consumers to put a down payment for a place in line while at the same time removing any liability in case they have to break that agreement.