Question

NC General Statutes Chapter 25 (to answer questions below)

What is the statute of limitations regarding contracts for the sale of goods?

Answer 1

An action for breach of any selling contract must be concluded within four years of the accrued cause of action. The parties may reduce the limitation period to no less than one year but may not expand it by the original agreement.

When the violation happens, a cause of action accumulates, irrespective of the lack of knowledge of the infringement by the aggrieved party. A warranty infringement happens when a delivery tender is made, except that when a warranty clearly applies to future performance of the products and the detection of the infringement must await the time of such performance the cause of action accrues when the infringement is or will be discovered.

If an action taken during the time limit of the clause is terminated in such a way as to leave a remedy open by another action for the same violation, such further action can be undertaken after the expiry of the time limit and within six months after the termination of the first action, unless the termination is the result of a voluntary discontinuance or a dismissal for failure or neglect of the pro