Can you ask for your money back and go with another company? If they have not delivered a product that was promised and they wont return your money then I would call hte BBB and report them. Call the news station that covered the accident and tell them what is going on to see if they will do a special interest story and maybe light a fire under their rears.
I think its horrible practice to demand money up front for a product that you have not even seen. When we went to get my son's headstone the company that we used made the stones themselves. They also scanned the picture in that we wanted (granted it was a black and white line drawing and not colored pictures) and then they put it in their program and we designed the headstone that very day.
This is what we decided on for Colin:
I loved the way it turned out and it was made and set once we ordered it within a week.