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Even non refundable deposits have to be given back in a case like this. If the dealership cannot get you the EXACT car you wanted in the timeframe they originally gave you, they're technically breaching the contract by not meeting the terms and thus HAVE to refund a deposit should you choose to walk away.
Same thing happened to me last week. I ordered my FR-S with a few things and they didn't install the upgraded head unit and the dealership said I either take the car or wait 3 or 4 more months. I told them to give me my non-refundable $1000 back because they couldn't get me the EXACT car I ordered (even though it's not a major difference like your situation) in the 2 weeks they said it would take, and they gave all of my money back.
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