41-02-104. (2-725) Statute of limitations in contracts for sale.
216 words·~1 min read·
/nd/title-41/chapter-41-02-sales/41-02-104·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. An action for breach of any contract for sale must be commenced within four years
after the claim for relief 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 claim for relief 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 if a warranty explicitly extends to future performance of the goods
and discovery of the breach must await the time of such performance the claim for
relief accrues when the breach is or should have been discovered.
3. When 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 does it
apply to claims for relief which have accrued before this title becomes effective.