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Delaware Code

6 Del. C. § 2-725 (2026)

Statute of limitations in contracts for sale

✓ current as of May 2026

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(1) An action for breach of any contract for sale must be commenced within 4 years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitations 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 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.

(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 this subtitle becomes effective.

5A Del. C. 1953, §§ 2-725; 55 Del. Laws, c. 349.;

Notes of Decisions

Cited in 15 cases (2 in the last 5 years), 1977–2022 · leading case: Hamilton v. Turner, 377 A.2d 363 (Del. Super. Ct. 1977).

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Hamilton v. Turner, 377 A.2d 363 (Del. Super. Ct. 1977). · cites it 4× “On two occasions prior to this, this Court has been called on to choose between the two-year statute of limitations in 10 Del.”

Worrel v. Farmers Bank of State of Del., 430 A.2d 469 (Del. 1981). “On appeal, Bank now acquiesces in the Superior Court’s ruling that the transaction in question is controlled by Article 2 of the Commercial Code and agrees that the applicable limitations in 6 Del.C. § 2-725. 4 . The Agreement is variously referred to by the parties as “a sales…”

Franchetti v. Intercole Automation, Inc., 523 F. Supp. 454 (D. Del. 1981). · cites it 2× “§ 2-316 or, most importantly in the context of the instant case, the term of the applicable contract statute of limitations, 6 Del.C. § 2-725. 418 A.2d at 974 . The creation of a parallel cause of action in tort would, in the opinion of the Court, have been tantamount to a…”

Plumb v. Cottle, 492 F. Supp. 1330 (D. Del. 1980). “6 Del. C. § 2-725(1). The cause of action accrues when tender of delivery is made.”

Cheswold Volunteer Fire Co. v. Lambertson Constr. Co., 462 A.2d 416 (Del. Super. Ct. 1983). “2d 379 (1951); 6 Del.C. § 2-725(2). 18 . As noted earlier, 10 Del.”

Sellon v. Gen. Motors Corp., 571 F. Supp. 1094 (D. Del. 1983). “6 Del.C. § 2-725(2): The Future Performance Exception Plaintiffs contend, and the defendant does not object for purposes of this motion, that the warranty at issue consists of the following: To help protect you, every Olds provides all this for occupant protection: * * * * * *…”

Nat'l Iranian Oil v. Mapco Int'l Inc., 825 F. Supp. 77 (D. Del. 1993). “§ 8109, which has a six-year limitations period and specifies a different time from which the limitations period would commence, governs on the facts of this case.”

The Lima Delta Co. v. Gulfstream Aerospace Corp. (Del. Super. Ct. 2019). · cites it 3× “”Z° There is no express warranty extension to future performance at issue in this case Section 2-725 does not alter the law on tolling the statute of limitations21 In a breach of warranty claim, the statute of limitations may be tolled by fraudulent concealment Fraudulent…”

Antoinette Marconi & Roy Marconi v. Brandywine Chrysler Jeep, Inc. (Del. Ct. Com. Pl. 2014). · cites it 5× “3(c) and the mirror image rule, and that Plaintiffs’ claims are barred by the statute of limitations pursuant to 6 Del. C. § 2-725. On September 19, 2014, this Court held a hearing on the Motion.”

Antoinette Marconi & Roy Marconi v. Brandywine Chrysler Jeep, Inc. (Del. Ct. Com. Pl. 2015). · cites it 4× “On September 24, 2013, the Justice of the Peace Court dismissed the case, holding that Plaintiff’s claims were barred by the statute of limitations, as set forth in 6 Del. C. § 2-725 as to the Chrysler Defendants.”

LTL Acres L.P. v. Butler Mfg. Co. (Del. Super. Ct. 2016). · cites it 2× “A breach of warranty occurs when tender of delivery is made, except that where a warranty explicitly extends to future performances of the goods.8 In such cases, discovery of the breach must await the time of such performance with the cause of action accruing when the breach is…”

LTL Acres L.P. v. Butler Mfg. Co. (Del. Super. Ct. 2016). · cites it 2× “A breach of warranty occurs when tender of delivery is made, except that where a warranty explicitly extends to future performances of the goods.8 In such cases, discovery of the breach must await the time of such performance with the cause of action accruing when the breach is…”

Show all 15 citing cases →

— 6 Del. C. § 2-725(1) — 3 cases

Plumb v. Cottle, 492 F. Supp. 1330 (D. Del. 1980). “6 Del. C. § 2-725(1). The cause of action accrues when tender of delivery is made.”

Franchetti v. Intercole Automation, Inc., 523 F. Supp. 454 (D. Del. 1981). “§ 2-316 or, most importantly in the context of the instant case, the term of the applicable contract statute of limitations, 6 Del.C. § 2-725. 418 A.2d at 974 . The creation of a parallel cause of action in tort would, in the opinion of the Court, have been tantamount to a…”

Antoinette Marconi & Roy Marconi v. Brandywine Chrysler Jeep, Inc. (Del. Ct. Com. Pl. 2014). “3(c) and the mirror image rule, and that Plaintiffs’ claims are barred by the statute of limitations pursuant to 6 Del. C. § 2-725. On September 19, 2014, this Court held a hearing on the Motion.”

— 6 Del. C. § 2-725(2) — 6 cases

Cheswold Volunteer Fire Co. v. Lambertson Constr. Co., 462 A.2d 416 (Del. Super. Ct. 1983). “2d 379 (1951); 6 Del.C. § 2-725(2). 18 . As noted earlier, 10 Del.”

Sellon v. Gen. Motors Corp., 571 F. Supp. 1094 (D. Del. 1983). “6 Del.C. § 2-725(2): The Future Performance Exception Plaintiffs contend, and the defendant does not object for purposes of this motion, that the warranty at issue consists of the following: To help protect you, every Olds provides all this for occupant protection: * * * * * *…”

LTL Acres L.P. v. Butler Mfg. Co. (Del. Super. Ct. 2016). “A breach of warranty occurs when tender of delivery is made, except that where a warranty explicitly extends to future performances of the goods.8 In such cases, discovery of the breach must await the time of such performance with the cause of action accruing when the breach is…”

LTL Acres L.P. v. Butler Mfg. Co. (Del. Super. Ct. 2016). “A breach of warranty occurs when tender of delivery is made, except that where a warranty explicitly extends to future performances of the goods.8 In such cases, discovery of the breach must await the time of such performance with the cause of action accruing when the breach is…”

The Lima Delta Co. v. Gulfstream Aerospace Corp. (Del. Super. Ct. 2019). “”Z° There is no express warranty extension to future performance at issue in this case Section 2-725 does not alter the law on tolling the statute of limitations21 In a breach of warranty claim, the statute of limitations may be tolled by fraudulent concealment Fraudulent…”

— 6 Del. C. § 2-725(4) — 1 case

The Lima Delta Co. v. Gulfstream Aerospace Corp. (Del. Super. Ct. 2019). “”Z° There is no express warranty extension to future performance at issue in this case Section 2-725 does not alter the law on tolling the statute of limitations21 In a breach of warranty claim, the statute of limitations may be tolled by fraudulent concealment Fraudulent…”

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