39. If, before the time for contract performance, one party communicates an intent not to perfor m, the other party cannot sue for breach yet, and must wait to see if the repudiating party will decide to perform a True b. False 40. If a seller fails to deliver the goods, the buyer can purchase other goods to substitute and sue to cover damages. a. True b. False 41. Parties to a sales contract can limit or exclude consequential damages for any commercial lo ss such as a business's lost profits or property damage. a. True b. False 42. To create an express warranty, a reasonable buyer must regard a seller's representation off act--for example, on a product label-as part of the basis of the bargain. a. True b. False 43. An implied warranty can arise as a result of a well- recognized trade custom that a court could infer the parties intended to apply to their contract a. True b. False 44. Express and implied warranties do not displace each other because more than one warranty can cover the same goods in the same transaction. a True False 45. Rancho Stables orders 10 saddles from Saddles Inc. The Sales Contract states that if the Saddles are defective, Rancho will allow Saddles to repair or replace it instead of rejecting the shipment. When the gear arrives, it is defective. In this case, the Perfect Tender Rule a. Does not apply b. Applies to Both parties c. Applies only to Saddles Inc d. Applies only to Rancho 46. Chair Company contracts to deliver a dozen suites of dining room tables and chairs to Furnit ure Store on May 1 On April 15, Chair tells Furniture that delivery will be delayed until June 1. Furniture may a. Await performance, sue Chair for Anticipatory Breach, or suspend its own performance b. Only await performance c Only sue Chair d. Only suspend its own performance