8.2-725 - Statute of limitations in contracts for sale. - Virginia Statutes

§ 8.2-725. Statute of limitations in contracts for sale.

(1) An action for breach of any contract for sale must be commenced withinfour years after the cause of action has accrued. By the original agreementthe parties may reduce the period of limitation to not less than one year butmay not extend it.

(2) A cause of action accrues when the breach occurs, regardless of theaggrieved party's lack of knowledge of the breach. A breach of warrantyoccurs when tender of delivery is made, except that where a warrantyexplicitly extends to future performance of the goods and discovery of thebreach must await the time of such performance the cause of action accrueswhen the breach 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 samebreach such other action may be commenced after the expiration of the timelimited and within six months after the termination of the first actionunless the termination resulted from voluntary discontinuance or fromdismissal for failure or neglect to prosecute.

(4) This section does not alter the law on tolling of the statute oflimitations nor does it apply to causes of action which have accrued beforethis act becomes effective.

(1964, c. 219.)