Say you order a kettle. Then on delivery day the salesman makes you sign a waiver saying that this new kettle is missing the part that will boil the water, because the manufacturer thought at the last minute of a great new process for heating water without boiling it. Only it will be released on a future TBA OTA SW update.
You've just accepted delivery of a kettle that doesn't boil water, but with the expectation that in a decent timeframe, it will achieve the same result eventually.
If that doesn't happen soon enough, I'm pretty confident I can defend that claim in court.