exercise them, they cannot be pinned down in the
manner suggested by the defendants. In other
words, plaintiffs’ claim cannot be thrown out by
contending that the breach has occurred on the
date of refusal to take delivery or failure to
take delivery. If the contract gives several
options and also remedies to exercise them, then,
the plaintiffs cannot be faulted for exercising
these options or exhausting them before deciding
to file a suit. It is only after the goods are
not collected or the defendants do not come
forward to take delivery despite reasonable time
having lapsed from the notice in that behalf,
that the contract gives the plaintiffs the
options as are stipulated in clauses 4 to 6, 9
and 24. He submits that once the contract
stipulates all this and there are specific
clauses, then, they cannot be ignored. More so,
when there is no challenge to the contract,
clauses and stipulations. Therefore, in this
case, it cannot be said that the claim is barred