70A-2-725 - Statute of limitations in contracts for sale. - Utah Statutes

70A-2-725. Statute of limitations in contracts for sale.
(1) An action for breach of any contract for sale must be commenced within four yearsafter the cause of action has accrued. By the original agreement the parties may reduce theperiod 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'slack 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 discoveryof the breach must await the 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 by Subsection (1) is soterminated as to leave available a remedy by another action for the same breach such other actionmay be commenced after the expiration of the time limited and within six months after thetermination of the first action unless the termination resulted from voluntary discontinuance orfrom dismissal for failure or neglect to prosecute.
(4) This section does not alter the law on tolling of the statute of limitations nor does itapply to causes of action which have accrued before December 31, 1965.

Amended by Chapter 13, 1998 General Session