Statute of Limitations under UCC

Question 1

What is the gen rule re: statute of limitations under the UCC?

Answer 1

For sales contract –> UCC provides 4 year SOL

-Parties may shorten the period by agreement to no less than 1 year, but may not lengthen the period

Question 2

When does the period begin to run?

Answer 2

In General –> when breach occurs, regardless of whether aggrieved party knows about the breach

Question 3

What are the special rules re: breach of warranty actions?

Answer 3

For breach of warranty –> breach occurs when goods are delivered, regardless of when Buyer discovers breach

If warranty extends to future performance –> If there is an EXPRESS WARRANTY that explicitly extends to future performance of the goods, the 4 year period doesn’t begin to run until buyer “should have discovered” breach

Implied warranties –> breach is on delivery