You have a chance for a refund, and even gains now. Just got to sell the thing you asked them to create for you, when you made the purchase, after it is delivered. I am sure you can get $12,000 for it, once it is sitting in your hands. I see people have sold BFL's $1,000 units as high as $10,000. So anything is possible.
I agree here, if you don't think you can recover the money by mining BTC, then sell the unit the moment you get your hands on it. You will get more in return.
That is likely what I will also do.
See, 1.2 THs is state of the art, the only thing better out there is Cointerra and KNC. But you can't get those until March or April.