400.2-725. Statute of limitations in contracts for sale. - Missouri Statutes

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Statute of limitations in contracts for sale.

400.2-725. (1) An action for breach of any contract forsale must be commenced within four years after the cause ofaction has accrued. By the original agreement the parties mayreduce the period of limitation to not less than one year but maynot extend it.

(2) A cause of action accrues when the breach occurs,regardless of the aggrieved party's lack of knowledge of thebreach. A breach of warranty occurs when tender of delivery ismade, except that where a warranty explicitly extends to futureperformance of the goods and discovery of the breach must awaitthe time of such performance the cause of action accrues when thebreach is or should have been discovered.

(3) Where an action commenced within the time limited bysubsection (1) is so terminated as to leave available a remedyby another action for the same breach such other action may becommenced after the expiration of the time limited and within sixmonths after the termination of the first action unless thetermination resulted from voluntary discontinuance or fromdismissal for failure or neglect to prosecute.

(4) This section does not alter the law on tolling of thestatute of limitations nor does it apply to causes of actionwhich have accrued before July 1, 1965.

(L. 1963 p. 503 § 2-725)

State Codes and Statutes

Statutes > Missouri > T26 > C400 > 400_2-725

Statute of limitations in contracts for sale.

400.2-725. (1) An action for breach of any contract forsale must be commenced within four years after the cause ofaction has accrued. By the original agreement the parties mayreduce the period of limitation to not less than one year but maynot extend it.

(2) A cause of action accrues when the breach occurs,regardless of the aggrieved party's lack of knowledge of thebreach. A breach of warranty occurs when tender of delivery ismade, except that where a warranty explicitly extends to futureperformance of the goods and discovery of the breach must awaitthe time of such performance the cause of action accrues when thebreach is or should have been discovered.

(3) Where an action commenced within the time limited bysubsection (1) is so terminated as to leave available a remedyby another action for the same breach such other action may becommenced after the expiration of the time limited and within sixmonths after the termination of the first action unless thetermination resulted from voluntary discontinuance or fromdismissal for failure or neglect to prosecute.

(4) This section does not alter the law on tolling of thestatute of limitations nor does it apply to causes of actionwhich have accrued before July 1, 1965.

(L. 1963 p. 503 § 2-725)

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State Codes and Statutes

Statutes > Missouri > T26 > C400 > 400_2-725

Statute of limitations in contracts for sale.

400.2-725. (1) An action for breach of any contract forsale must be commenced within four years after the cause ofaction has accrued. By the original agreement the parties mayreduce the period of limitation to not less than one year but maynot extend it.

(2) A cause of action accrues when the breach occurs,regardless of the aggrieved party's lack of knowledge of thebreach. A breach of warranty occurs when tender of delivery ismade, except that where a warranty explicitly extends to futureperformance of the goods and discovery of the breach must awaitthe time of such performance the cause of action accrues when thebreach is or should have been discovered.

(3) Where an action commenced within the time limited bysubsection (1) is so terminated as to leave available a remedyby another action for the same breach such other action may becommenced after the expiration of the time limited and within sixmonths after the termination of the first action unless thetermination resulted from voluntary discontinuance or fromdismissal for failure or neglect to prosecute.

(4) This section does not alter the law on tolling of thestatute of limitations nor does it apply to causes of actionwhich have accrued before July 1, 1965.

(L. 1963 p. 503 § 2-725)