1. 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.
3. Where an action commenced within the time limited by law or by agreement as
provided in 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 this chapter becomes effective.
[C66, 71, 73, 75, 77, 79, 81, §554.2725]
Period of limitation, chapter 614\n\n ARTICLE 2A
LEASES
Article on Leases codified as Article 13;
94 Acts, ch 1052, §5 – 84\n\n ARTICLE 3
NEGOTIABLE INSTRUMENTS
Referred to in §533.314, 554.1204, 554.4102, 554.4107, 554.4203, 554.5110, 554.5116, 554.8103, 554.9331, 554D.118, 668.16\n\n PART 1
GENERAL PROVISIONS AND DEFINITIONS\n\n 554.3101 Short title.
This Article may be cited as Uniform Commercial Code — Negotiable Instruments.
94 Acts, ch 1167, §10, 121, 122
\n
Notes of Decisions
Nationwide Agribusiness Ins. v. SMA Elevator Constr. Inc., 816 F. Supp. 2d 631 (N.D. Iowa 2011).
· cites it 19× “Timeliness of the claim against Schlagel and Baldor Only Schlagel has challenged Nationwide’s claim of breach of implied warranty of merchantability on the ground that the claim is untimely pursuant to Iowa Code § 554.2725 (2), which provides, generally, that the statute of…”
Fell v. Kewanee Farm Equip. Co., 457 N.W.2d 911 (Iowa 1990).
· cites it 16× “Kewanee also asserted that Iowa Code section 554.2725the UCC statute of limitationsbarred the claim.”
Speight v. Walters Dev. Co., Ltd., 744 N.W.2d 108 (Iowa 2008).
· cites it 7× “, Iowa Uniform Commercial Code, § 554.2725.... The trial court was, therefore, correct in applying the discovery rule.”
City of Carlisle v. Fetzer, 381 N.W.2d 627 (Iowa 1986).
· cites it 6× “(citing Iowa Code § 554.2725 (1979)). The contract in Brown obviously did not involve a contract for sale of goods.”
Richards v. Midland Brick Sales Co., 551 N.W.2d 649 (Iowa Ct. App. 1996).
· cites it 4× “Iowa Code § 554.2725 (2). The discovery rule applies only when a warranty of future performance has been made, so that discovery of a breach must await performance.”
Charles Furnald v. Anthony Hughes & Emcasco Ins. Co., 804 N.W.2d 273 (Iowa 2011).
· cites it 2× “See Iowa Code § 554.2725 (3). Under the UCC provision, voluntary discontinuance of the underlying action and dismissal for failure to prosecute are not bases for extending the ordinarily applicable UCC statute of limitations.”
Sudenga Indus., Inc. v. Fulton Performance Prods., Inc., 894 F. Supp. 1235 (N.D. Iowa 1995).
· cites it 4× “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…”
Brown v. Ellison, 304 N.W.2d 197 (Iowa 1981).
“, Iowa Uniform Commercial Code, § 554.2725, The Code 1979. The trial court was, therefore, correct in applying the discovery rule.”
Kelly v. Ethicon, Inc. (N.D. Iowa 2020).
· cites it 7× “To the contrary, the Iowa Supreme Court has held the discovery rule does not apply to implied warranty claims when “statutes expressly provide” otherwise, including Section 554.2725. Brown v. Ellison, 304 N.”
— Iowa Code § 554.2725(1) — 1 case
Sudenga Indus., Inc. v. Fulton Performance Prods., Inc., 894 F. Supp. 1235 (N.D. Iowa 1995).
“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…”
— Iowa Code § 554.2725(2) — 12 cases
Speight v. Walters Dev. Co., Ltd., 744 N.W.2d 108 (Iowa 2008).
“, Iowa Uniform Commercial Code, § 554.2725.... The trial court was, therefore, correct in applying the discovery rule.”
Nationwide Agribusiness Ins. v. SMA Elevator Constr. Inc., 816 F. Supp. 2d 631 (N.D. Iowa 2011).
“Timeliness of the claim against Schlagel and Baldor Only Schlagel has challenged Nationwide’s claim of breach of implied warranty of merchantability on the ground that the claim is untimely pursuant to Iowa Code § 554.2725 (2), which provides, generally, that the statute of…”
City of Carlisle v. Fetzer, 381 N.W.2d 627 (Iowa 1986).
“(citing Iowa Code § 554.2725 (1979)). The contract in Brown obviously did not involve a contract for sale of goods.”
Richards v. Midland Brick Sales Co., 551 N.W.2d 649 (Iowa Ct. App. 1996).
“Iowa Code § 554.2725 (2). The discovery rule applies only when a warranty of future performance has been made, so that discovery of a breach must await performance.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.