355.2-725 Statute of limitations in contracts for sale.
(1)
(2)
(3)
(4)
An action for breach of any contract for sale must be commenced within four (4)
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 (1) year but may not extend
it.
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.
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 (6) months after the termination of the first action unless the termination
resulted from voluntary discontinuance or from dismissal for failure or neglect to
prosecute.
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 this chapter becomes effective.
Effective: July 1, 1960
History: Created 1958 Ky. Acts ch. 77, sec. 2-725, effective July 1, 1960.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.