How can you ship something that doesn't work out of the box?

Title says it all. I have the latest OS, and have tried running some of my favorite games, in particular, majora's mask, and donkey kong 64. Within moments, the LED moves to orange, and then to red and the system quits out. I've downloaded the update to the root of the SD card, unplugged and let it cool off, put it to a more ventilated area. I can't believe something would cost this much, after so much hype and build up, and fail to work out of the box.

I love my analogue pocket, but starting to think that success was the exception, not the norm.