47-2725

47-2725. Statute of limitations in contracts
for sale

A. An action for breach of any contract for sale must be commenced within four
years after the cause of action 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.

B. 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.

C. Where an action commenced within the time limited by subsection A 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.

D. 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 January 1, 1968.