Then you are in a better position then most of us.. because since the TOS clearly states that it must be delivered by dec31, then you will be able to request a refund on Jan 1st. AND IF you paid btc directly to HF's wallet, then you will be able to get your btc back.
question is, if they come to your door with the equipment on Jan 2nd, will you accept delivery?
That is an important (very important) point to keep in mind. If you sent a BTC payment to their wallet and not through a payment processor that converts the money automatically to fiat...then you are deserving of every last BTC as originally paid.
You paid 60 BTC to their bitcoin wallet (sans any payment processor) you should get 60 BTC back. No reason for them to claim otherwise.