If you want to go through the hassle, then fine... Assuming that you can get an order to go through. If nothing else, if you raise enough hell, they will comp it to you (although I doubt it).
As far as arguing with them, I am sure that they will argue back that you could not have had a reasonable expectation of receiving a 40-pk of these when they sell for $60'ish each...
If you go for it, I wish you the best of luck. It is just not worth the hassle for me.
Besides, even if I did get 40 of them, then I would spend the next month or two dealing with eGay trying to offload the stupid things! Sure, I could make some decent $$$, but talk about a major hassle!