§ 57A-2-725 — Statute of limitations in contracts for sale.

South Dakota § 57A-2-725

• Jurisdiction: South Dakota
• Title 57A: UNIFORM COMMERCIAL CODE
• Ch. 57A: SALES

Text

(1) An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. (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) 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 do they apply to causes of action which have accrued before July 1, 1967.

Legislative History

SL 1966, ch 150, § 2-725; SDCL, §§ 57-8-61 to 57-8-64; SL 1982, ch 347, § 45.