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Bonnie, who owned a shoe store, had a practice in the past of allowing the wholesale company supplying her store to send sizes of shoes

Bonnie, who owned a shoe store, had a practice in the past of allowing the wholesale company supplying her store to send sizes of shoes that did not exactly match her order. Bonnie wants to stop this practice in regard to the next delivery for which she has contracted. Which of the following is true regarding the options available to her?

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  • Because Bonnie has waived her rights to insist on strict compliance with the contract, she must notify the wholesaler of her decision to insist on strict compliance and give the wholesaler six months in which to establish strict compliance.
  • Bonnie has waived her rights to insist on strict compliance with the contract, but she may retract the waiver by giving the wholesaler reasonable notice that strict performance will be required; and the retraction is effective immediately with the merchandiser having no option but to comply if the merchandiser wants to continue to do business with Bonnie.
  • Bonnie has waived her rights to insist on strict compliance with the contract, but she may retract the waiver by giving the wholesaler reasonable notice that strict performance will be required; and the retraction is effective immediately unless the wholesaler can establish a material change of position in reliance on the waiver.
  • Bonnie can require strict performance and compliance with the contract without doing anything.

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