(1) An action for breach of any contract for sale must be commenced within four (4) 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 (1) 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 six (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 chapter becomes effective. Effective: July 1, 1960 History: Created 1958 Ky. Acts ch. 77, sec. 2-725, effective July 1, 1960.
Notes of Decisions
Nucor Corp. v. Gen. Elec. Co., 812 S.W.2d 136 (Ky. 1991).
· cites it 6× “At the close of the proof, Nucor moved to dismiss General Electric's breach of warranty claim as barred by the Uniform Commercial Code statute of limitations, KRS 355.2-725, which requires suit "commenced within four (4) years after the cause of action has accrued.”
Barnes v. Cmty. Trust Bank, 121 S.W.3d 520 (Ky. Ct. App. 2003).
· cites it 5× “2-725 operates to bar Community Trust’s action, which was indisputably filed outside the four-year period prescribed by KRS 355.2-725. KRS 355.2-725 is Kentucky’s adoption of section 2-725 of the Uniform Commercial Code (UCC).”
Williams v. Fulmer, 695 S.W.2d 411 (Ky. 1985).
· cites it 2× “” KRS 355.2-725. We hold it does not. There was also a CR 15.”
Dollar Gen. Stores, Ltd. v. Smith, 237 S.W.3d 162 (Ky. 2007).
· cites it 2× “270) and the savings portion of the Uniform Commercial Code statute of limitations (KRS 355.2-725) applied because the plaintiff had not voluntarily sought to "drop" the case in the first court but, rather, was forced to dismiss the action in the first court "so that it could…”
Farm Credit Bank v. United States Mineral Prods. Co., 864 F. Supp. 643 (W.D. Ky. 1994).
· cites it 3× “*647 A cause of action for breach of implied warranties is controlled by the Uniform Commercial Code, particularly KRS 355.2-725: (1) An action for breach of any contract for sale must be commenced within (4) years after the cause of action accrued____ (2) A cause of action…”
D. & J. LEASING, INC. v. Hercules Galion Prods., Inc., 429 S.W.2d 854 (Ky. Ct. App. 1968).
· cites it 4× “270 or the six months saving-period of KRS 355.2-725 of the Uniform Commercial Code to file it in the court of proper venue in such circumstances, and whether the peculiar phraseology of the latter statute precludes it from having the benefit of either or both savings-periods.”
Vanier v. Ponsoldt, 833 P.2d 949 (Kan. 1992).
“) Ky. Rev. Stat. Ann. § 355.2-725 (Michie/Bobbs-Merrill 1987); K.”
McLain v. Dana Corp., 16 S.W.3d 320 (Ky. Ct. App. 1999).
“He contended that his breach of warranty claim was timely filed because of the four-year statute of limitations provided in KRS 355.2-725. He claimed he should come within the coverage of the language of KRS 355.”
— Ky. Rev. Stat. § 355.2-725(1) — 6 cases
Farm Credit Bank v. United States Mineral Prods. Co., 864 F. Supp. 643 (W.D. Ky. 1994).
“*647 A cause of action for breach of implied warranties is controlled by the Uniform Commercial Code, particularly KRS 355.2-725: (1) An action for breach of any contract for sale must be commenced within (4) years after the cause of action accrued____ (2) A cause of action…”
— Ky. Rev. Stat. § 355.2-725(2) — 8 cases
Nucor Corp. v. Gen. Elec. Co., 812 S.W.2d 136 (Ky. 1991).
“At the close of the proof, Nucor moved to dismiss General Electric's breach of warranty claim as barred by the Uniform Commercial Code statute of limitations, KRS 355.2-725, which requires suit "commenced within four (4) years after the cause of action has accrued.”
— Ky. Rev. Stat. § 355.2-725(4) — 1 case
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