§ 25-2-725. Statute of limitations in contracts for sale.
§25‑2‑725. Statute of limitations in contracts for sale.
(1) An action forbreach of any contract for sale must be commenced within four years after thecause of action has accrued. By the original agreement the parties may reducethe period of limitation to not less than one year but may not extend it.
(2) A cause of actionaccrues when the breach occurs, regardless of the aggrieved party's lack ofknowledge of the breach. A breach of warranty occurs when tender of delivery ismade, except that where a warranty explicitly extends to future performance ofthe goods and discovery of the breach must await the time of such performancethe cause of action accrues when the breach is or should have been discovered.
(3) Where an actioncommenced within the time limited by subsection (1) is so terminated as toleave available a remedy by another action for the same breach such otheraction may be commenced after the expiration of the time limited and withintwelve months after the termination of the first action.
(4) This section doesnot alter the law on tolling of the statute of limitations nor does it apply tocauses of action which have accrued before this chapter becomes effective. (1965,c. 700, s. 1; 1967, c. 562, s. 1.)