§ 2-725 — Statute of Limitations in Contracts for Sale

New York § 2-725

• Jurisdiction: New York
• Law UCC: Uniform Commercial Code
• Part 7: Remedies
• Art. 2: Sales

Text

Section 2--725. Statute of Limitations in Contracts for Sale.\n (1) An action for breach of any contract for sale must be commenced\nwithin four years after the cause of action has accrued. By the original\nagreement the parties may reduce the period of limitation to not less\nthan one year but may not extend it.\n (2) A cause of action accrues when the breach occurs, regardless of\nthe aggrieved party's lack of knowledge of the breach. A breach of\nwarranty occurs when tender of delivery is made, except that where a\nwarranty explicitly extends to future performance of the goods and\ndiscovery of the breach must await the time of such performance the\ncause of action accrues when the breach is or should have been\ndiscovered.\n (3) Where an action commenced within the time limited by subsection\n(1) is so terminated as to leave available a remedy by another action\nfor the same breach such other action may be commenced after the\nexpiration of the time limited and within six months after the\ntermination of the first action unless the termination resulted from\nvoluntary discontinuance or from dismissal for failure or neglect to\nprosecute.\n (4) This section does not alter the law on tolling of the statute of\nlimitations nor does it apply to causes of action which have accrued\nbefore this Act becomes effective.\n