got an email back from C&R and this is what they said
" I talked with engineering and they are going to let me design a top plate that will capture the radiator over the top, as I feel this is a better option than the current mounting we have on rubber bushings. We will remove the upper mounting that is currently on the radiator. I just don’t want to run into the same issue 8 months from now. If you have a little time to work with, we will get this design done as I have a jeep here we can use to make the plate and then we will see how quick we can get a radiator built. Our current lead times are out till middle of February, but I will see what we can do to get it in-line once we get the drawing done."
still didn't really answer if they were going to send me out a new one on a warranty or if I'm going to have to shell out another $1200 but either way I might get to be one of the first ones with version 3 just got to wait out some engineering time.
overall they have been super quick to respond to emails and keep me in the loop on what they are doing to help me out which i appreciate.