By buying chips from Avalon they never gave us any warranty that we will profit from such investment, (...)
Technically true but given the nature of the Application Specific Integrated Circuit (ASIC) you were buying and given the time-critical nature of Bitcoin mining, one could easily argue that NOT profiting from such an investment is a direct consequence of the delay that Avalon could have avoided and are thus responsible for the loss of revenue you have incurred.
(...) and we shouldn't mix how they were setting the price of Avalon chip/unit with what we would like to earn. In business that include selling of product and delivering it from location A to B, it usually involves time needed for delivery. It looks like Avalon broke their own terms for lead time of delivery, or maybe they even didn't by not precisely stating what kind of lead time they were specifying.
They have failed to indicate whether the 9-10 week lead-time was _delivered_, which could also be implied (since it wasn't denied).
(Their no BS T&C are really dangerous for them as well, as the law will fill in the blanks...)