(1) 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.
(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 does it apply to causes of action which have accrued before October 1, 1961.
(1959, P.A. 133, S. 2-725.)
Cited. 191 C. 150; 205 C. 219; 210 C. 734; 218 C. 297. Repair or replacement clause in purchase agreement does not toll running of statute of limitations. 244 C. 126.
Section is a statute of repose as it contains a fixed time limit of 4 years, after which one in default may not be sued for breach, but section is explicit that the limit is subject to tolling, and limit may be tolled by conduct of the parties. 141 CA 319.
Claim against manufacturer for injuries caused by defective skates held tort liability and not breach of warranty under section and therefore barred by statute of limitations. 27 CS 46. Not applicable to breach of contract to perform services. 37 CS 735.
Subsec. (1):
Where defendant restaurateur, sued by customer for breach of warranty in sale of unmerchantable clams, impleaded third party defendant as supplier, demurrer to third party complaint was sustained as statute of limitations barred action. 28 CS 385.
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