Ala. Code § 7-2-725

Statute of Limitations in Contracts for Sale

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Section 7-2-725

Statute of Limitations in Contracts for Sale.

(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; however, a cause of action for damages for injury to the person in the case of consumer goods shall accrue when the injury occurs.

(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 midnight, December 31, 1966.

(Acts 1965, No. 549, p. 811.)

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Notes of Decisions

Cited in 40 cases (5 in the last 5 years), 1978–2025 · leading case: Brown v. General Motors Corp.

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Brown v. General Motors Corp. (2009) ala · cites it 58× “However, to the extent Tittle requires this Court to assume that the provision in this case is a warranty for purposes of the statute of limitations found in § 7-2-725 and that the cause of action for the breach accrues at the time of delivery of the goods, I agree with the main…”

Spain v. Brown & Williamson Tobacco Corp. (2003) ala · cites it 10× “Implied-Warranty Claims The applicable statute of limitations for a claim for breach of implied warranty is set forth in § 7-2-725, Ala.Code 1975, which provides that "[a]n action for breach of any contract for sale must be commenced within four years after the cause of action…”

Tittle v. Steel City Oldsmobile GMC Truck, Inc. (1989) ala · cites it 12× “Section 7-2-725 provides: "(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.”

Lands v. Lull Intern., Inc. (2007) ala · cites it 13× “(hereinafter referred to as "Lull"), and other defendants, appeal from a summary judgment entered in favor of Lull, arguing that the trial court erred in holding that their breach-of-warranty claim was barred by the statute of limitations in § 7-2-725, Ala.Code 1975. We affirm.…”

Ex Parte Kia Motors America, Inc. (2003) ala · cites it 3× “" § 7-2-725(2), Ala.Code 1975. [7] However, the words "arisen" and "accrue" are not synonymous.”

Collins v. Davol, Inc. (2014) alnd · cites it 3× “Under Alabama's Uniform Commercial Code, "[a]n action for breach of any contract for sale must be commenced within four years after the cause of action has accrued,” Ala. Code § 7-2-725 (1), and a breach of warranty claim accrues "when tender of delivery is made, .”

Spain v. Brown & Williamson Tobacco Corp. (2000) ca11 · cites it 2× “Code § 6-2-38, and that the breach of implied warranty claim is subject to a four year statute of limitations, Ala.Code § 7-2-725. What was not clear, prior to the Alabama Supreme Court’s decision in this case, was when the statutes of limitations began to run.”

Ex Parte Melof (1999) ala · cites it 2× “1979) (answering in the negative the certified question whether Ala.Code 1975, § 7-2-725, "violates §§ 1, 6 and 22 of the Alabama Constitution of 1901, which provide for equal protection of the law"); Black v.”

Reed v. Brunson (1988) ala “1979), Justice Almon, writing for the Court, with all Justices concurring, readopted the vested rights approach: "Plaintiff contends that § 13 of the Alabama Constitution of 1901 compels a finding that Code 1975, § 7-2-725, is unconstitutional. We cannot agree.”

Carrell v. Masonite Corp. (2000) ala · cites it 3× “Ala. Code 1975, § 7-2-725, provides a four-year limitations period for breach-of-warranty claims.”

Laferrera v. Camping World RV Sales (2016) alnd · cites it 6× “See Ala. Code § 7-2-725 ; Brown v. General Motors Corp.”

Stephens v. Creel (1983) ala “This same result would be reached in breach of warranty cases arising under the Alabama Uniform Commercial Code, § 7-2-725. The four-year statute runs from the date when tender of delivery is made unless explicitly extended by the parties or unless personal injury results from…”

Show all 40 citing cases →

— Ala. Code § 7-2-725(1) — 7 cases

Brown v. General Motors Corp. (2009) ala “However, to the extent Tittle requires this Court to assume that the provision in this case is a warranty for purposes of the statute of limitations found in § 7-2-725 and that the cause of action for the breach accrues at the time of delivery of the goods, I agree with the main…”

Spain v. Brown & Williamson Tobacco Corp. (2003) ala “Implied-Warranty Claims The applicable statute of limitations for a claim for breach of implied warranty is set forth in § 7-2-725, Ala.Code 1975, which provides that "[a]n action for breach of any contract for sale must be commenced within four years after the cause of action…”

Bass Pecan Co. v. Berga (1997) ala

CNH AMERICA, LLC v. Roebuck (2009) ala

Brooks v. Outlaw (In re Integra Lifesciences Corp.) (2018) ala

— Ala. Code § 7-2-725(2) — 14 cases

Brown v. General Motors Corp. (2009) ala “However, to the extent Tittle requires this Court to assume that the provision in this case is a warranty for purposes of the statute of limitations found in § 7-2-725 and that the cause of action for the breach accrues at the time of delivery of the goods, I agree with the main…”

Spain v. Brown & Williamson Tobacco Corp. (2003) ala “Implied-Warranty Claims The applicable statute of limitations for a claim for breach of implied warranty is set forth in § 7-2-725, Ala.Code 1975, which provides that "[a]n action for breach of any contract for sale must be commenced within four years after the cause of action…”

Ex Parte Kia Motors America, Inc. (2003) ala “" § 7-2-725(2), Ala.Code 1975. [7] However, the words "arisen" and "accrue" are not synonymous.”

Lands v. Lull Intern., Inc. (2007) ala “(hereinafter referred to as "Lull"), and other defendants, appeal from a summary judgment entered in favor of Lull, arguing that the trial court erred in holding that their breach-of-warranty claim was barred by the statute of limitations in § 7-2-725, Ala.Code 1975. We affirm.…”

Tittle v. Steel City Oldsmobile GMC Truck, Inc. (1989) ala “Section 7-2-725 provides: "(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.”

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