GA Code § 11-2-725 (2021)
2021 Georgia Code|Title 11 - Commercial Code|Article 2 - Sales|Part 7 - Remedies|§ 11-2-725. Statute of Limitations in Contracts for Sale

  An action for breach of any contract for sale must be commenced within four 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.   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.   Where an action commenced within the time limited by subsection (1) of this Code section 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 months after the termination of the first action unless the termination resulted from voluntary discontinuance or from dismissal for failure or neglect to prosecute.   This Code 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 January 1, 1964.    (Code 1933, § 109A-2 - 725, enacted by Ga. L. 1962, p. 156, § 1.)   Cross references.   - Limitations of actions on contracts generally, § 9-3-26.   Law reviews.   - For article discussing applicability of Uniform Commercial Code provision concerning statute of limitations to construction contracts, see 28 Emory L.J. 335 (1979). For article, "Products Liability Law in Georgia Including Recent Developments," see 43 Mercer L. Rev. 27 (1991). For annual survey on product liability, see 69 Mercer L. Rev. 231 (2017).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Time of Breach   Fact/Law Questions   Application    RESEARCH REFERENCES   Am. Jur. 2d.   - 1 Am. Jur. 2d, Accounts and Accounting, § 21. 63B Am. Jur. 2d, Products Liability, §§ 1571 et seq., 1601 et seq. 67A Am. Jur. 2d, Sales, §§ 928-953.   6 Am. Jur. Pleading and Practice Forms, Commercial Code, § 2:823.   C.J.S.   - 54 C.J.S., Limitations of Actions, § 61. 77A C.J.S., Sales, § 377.   U.L.A.   - Uniform Commercial Code (U.L.A.) § 2-725.   ALR.    - What constitutes an open, current account within the statute of limitations, 39 A.L.R. 369; 57 A.L.R. 201.    When "sale" deemed to have taken place for purposes of statute of limitations which fixes commencement of period at time of foreclosure sale or other judicial sale, 101 A.L.R. 1348.   Validity of contractual waiver of statute of limitations, 1 A.L.R.2d 1445.   Limitation of actions as applied to account stated, 51 A.L.R.2d 331.   Validity, and applicability to causes of action not already barred, of a statute enlarging limitation period, 79 A.L.R.2d 1080.   Validity of contractual time period, shorter than statute of limitations, for bringing action, 6 A.L.R.3d 1197.   Application to period of limitations fixed by contract, of statute permitting new action to be brought within specified time after failure of prior action for cause other than on the merits, 16 A.L.R.3d 452.   Statute of limitations: effect of delay in appointing administrator or other representative on cause of action accruing at or after death of person in whose favor it would have accrued, 28 A.L.R.3d 1141.   Settlement negotiations as estopping reliance on statute of limitations, 39 A.L.R.3d 127.   Promises or attempts by seller to repair goods as tolling statute of limitations for breach of warranty, 68 A.L.R.3d 1277.   Validity of contractual provision establishing period of limitations longer than that provided by state statute of limitations, 84 A.L.R.3d 1172.   Products liability: what statute of limitations governs actions based on strict liability in tort, 91 A.L.R.3d 455.   What constitutes warranty explicitly extending to "future performance" for purposes of UCC § 2-725(2), 93 A.L.R.3d 690.   Computer sales and leases: time when cause of action for failure of performance accrues, 90 A.L.R.4th 298.   Validity and construction of statute terminating right of action for product-caused injury at fixed period after manufacture, sale, or delivery of product, 30 A.L.R.5th 1.   Causes of action governed by limitations period in UCC § 2-725, 49 A.L.R.5th 1.   Products liability: ladders, 81 A.L.R.5th 245.   Applicability of UCC Article 2 to mixed contracts for sale of consumer goods and services, 1 A.L.R.7th 3.   Applicability of UCC Article 2 to mixed contracts for sale of goods and services: distributorship, franchise, and similar business contracts, 8 A.L.R.7th 4.   Applicability of UCC Article 2 to mixed contracts for sale of business goods and services: manufacturing, construction, and similar contracts, 15 A.L.R.7th 7.