Title 11, Chapter 2, Section 725
( 11-2-725)
Statute of limitations in contracts for sale. (1) An action for breach of any contract for sale must be commenced
within four years after the cause of action has accrued. By the
original agreement the parties may reduce the period of limitation
to not less than one year but may not 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 breach of
warranty occurs when tender of delivery is made, except that where a
warranty explicitly extends to future performance of the goods and
discovery of the breach must await the time of such performance the
cause of action accrues when the breach is or should have been
discovered. (3) Where an action commenced within the time limited by subsection
(1) of this Code section is so terminated as to leave available a
remedy by another action for the same breach such other action may
be commenced after the expiration of the time limited and within six
months after the termination of the first action unless the
termination resulted from voluntary discontinuance or from dismissal
for failure or neglect to prosecute. (4) This Code section does not alter the law on tolling of the
statute of limitations nor does it apply to causes of action which
have accrued before January 1, 1964. |