NRS
104.2725 Statute of limitations in contracts for sale.
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
limitation to not less than 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 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.
(Added to NRS by 1965,
816)
ARTICLE 3
NEGOTIABLE INSTRUMENTS
Part 1
General Provisions and Definitions
Notes of Decisions
Hiles Co. v. Johnston Pump Co. of Pasadena, 560 P.2d 154 (Nev. 1977).
· cites it 6× “Johnston moved for summary judgment relying on the affirmative defenses alleged in its answer that the statute of limitations set forth in NRS 104.2725 precluded the action and no privity of contract existed.”
In re Hardieplank Fiber Cement Siding Litig., 284 F. Supp. 3d 918 (D. Me. 2018).
· cites it 3× “Nev. Rev. Stat. § 104.2725 (1). A cause of action accrues "when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach.”
Sierra Diesel Injection Serv. v. Burroughs Corp., 648 F. Supp. 1148 (D. Nev. 1986).
· cites it 4× “The applicable statute of limitations on goods is set out in Nevada’s version of UCC § 2-725, which states that *1152 NRS § 104.2725. In the present case, the contracts of the parties do indicate that the applicable statute has been trimmed down to two years, as provided for in…”
In re Gen. Motors LLC, 339 F. Supp. 3d 262 (S.D. Ill. 2018).
“• Nevada: Nev. Rev. Stat. Ann. § 104.2725 ; see also *304 Goodrich & Pennington Mortg.”
Mobile Disc. Corp. v. Price, 656 P.2d 851 (Nev. 1983).
· cites it 2× “” NRS 104.2725. Nevertheless, appellant contends that Western Coach continued to make the delinquent interest payments through March of 1980; therefore, it is argued that these payments tolled the statute of limitations until March of 1980 when Western Coach refused to continue…”
Freas v. BMW of N. Am., LLC, 320 F. Supp. 3d 1126 (9th Cir. 2018).
· cites it 2× “" Nev. Rev. Stat. § 104.2725 (1). 6 "A cause of action accrues *1136 when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach.”
— Nev. Rev. Stat. § 104.2725(1) — 2 cases
Sierra Diesel Injection Serv. v. Burroughs Corp., 648 F. Supp. 1148 (D. Nev. 1986).
“The applicable statute of limitations on goods is set out in Nevada’s version of UCC § 2-725, which states that *1152 NRS § 104.2725. In the present case, the contracts of the parties do indicate that the applicable statute has been trimmed down to two years, as provided for in…”
— Nev. Rev. Stat. § 104.2725(2) — 1 case
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