§ 4-2-725 — Statute of limitations in contracts for sale

(1) An action for
breach of any contract for sale must be commenced within the time period
prescribed in section 13-80-101, C.R.S. This period of limitation may not be varied by
agreement of the parties.

(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 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 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 this title becomes
effective.

Legislative History

Source: L. 65: p. 1344, � 1. C.R.S. 1963: � 155-2-725. L. 86: (1) amended, p. 702, � 5, effective July 1.