First ask ButterFly Labs for a refund, they will probably say no but you might get lucky.
If you ordered via PayPal you can file a complaint with them even if you are outside the 45 day window. Multiple customers have already gotten a refund from PayPal that was outside the 45 days.
If you ordered via Bitcoin or Bank wire, you can fill out a complaint with the FTC and they will advocate for you with ButterFly Labs to get your refund. You can also contact the office of the Kansas Attorney General and inform them that you have had your money taken with no product delivered for months, just more promises.
You can also do a paper filing with the DA here: http://da.jocogov.org/complaint-forms
There are also several threads on how to get a refund from ButterFly Labs, here are two:
https://bitcointalksearch.org/topic/yes-you-can-get-a-refund-from-bfl-266945
https://bitcointalksearch.org/topic/butterfly-labs-did-everything-they-could-to-make-getting-a-refund-impossible-272585
