I just went through a ebay dispute on an Allman Bros. album I bought. It never came, the seller never responded, so ebay refunded the purchase price and shipping. It seems your case is solid, and you should be entitled to a full refund and not loose any money, only your time.
Or, if you can get a good guess on the machine's value as it is, and get half of it refunded and still keep the machine, you may be able to flip it as a way to compensate for the time you have invested.