Illinois General Assembly - Illinois Compiled Statutes

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810 ILCS 5/2-725

(810 ILCS 5/2-725) (from Ch. 26, par. 2-725)

Sec. 2-725.

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
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 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 Act becomes effective.

(Source: Laws 1961, p. 2101.)