§ 6A-2-725 - Statute of limitations – Contracts for sale – Breach of warranty.
SECTION 6A-2-725
§ 6A-2-725 Statute of limitations –Contracts for sale – Breach of warranty. – (1) An action for breach of any contract for sale must be commenced within four(4) years after the cause of action has accrued. By the original agreement theparties may reduce the period of limitation to not less than one year but maynot extend it.
(2) A cause of action accrues when the breach occurs,regardless of the aggrieved party's lack of knowledge of the breach. A breachof warranty occurs when tender of delivery is made, except that where awarranty explicitly extends to future performance of the goods and discovery ofthe breach must await the time of such performance the cause of action accrueswhen the breach is or should have been discovered.
(3) Where an action commenced within the time limited bysubsection (1) is so terminated as to leave available a remedy by anotheraction for the same breach such other action may be commenced after theexpiration of the time limited and within six (6) months after the terminationof the first action unless the termination resulted from voluntarydiscontinuance or from dismissal for failure or neglect to prosecute.
(4) This section does not alter the law on tolling of thestatute of limitations nor does it apply to causes of action which have accruedbefore January 2, 1962.
(5) Notwithstanding any other provision of this section, anyaction for breach of warranty arising out of an alleged design, inspection,testing or manufacturing defect, or any other alleged defect of whatsoever kindor nature in a product, must be commenced within ten (10) years after the datethe product was first purchased for use or consumption.