Their issue certainly reads as a defective board, or BIOS.... Or BIOS flash.
As far as I know, there's no widespread issue with Tomahawk boards - they're very popular so, if there were an ongoing issue, you'd see many more results of problems.
The MAX is a re-release, with a BIOS that supports 3000 series CPUs out of the box. With that, you wouldn't have to update the BIOS, it would just 'work', or it wouldn't.
Although you don't have to update the BIOS, with AGESA updates etc, it can be a good idea.