ORS 72.7250¹
Statute of limitations in contracts for sale

(1) 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.

(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) of this 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.

(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 the Uniform Commercial Code becomes effective. [1961 c.726 §72.7250 (Statute of limitations in contracts for sale)]

Notes of Decisions

An ac­tion to recover a surplus from the resale of an article upon an agreed foreclosure is not governed by this sec­tion. Chaney v. Fields Chev. Co., 264 Or 21, 503 P2d 1239 (1972)

This limita­tion period governs when plaintiff's complaint alleges an ac­tion for per­sonal injuries caused by breach of warranties implied in a contract for the sale of goods. Redfield v. Mead, Johnson & Co., 266 Or 273, 512 P2d 776 (1973)

A house is "improve­ment to real prop­erty" within meaning of ORS 12.135 (Action for damages from construction, alteration or repair of improvement to real property), and thus breach of warranty ac­tion with respect to sale of house is not governed by this sec­tion. Sponseller v. Meltebeke, 280 Or 361, 570 P2d 974 (1977)

Ac­tion seeking money, damages or prop­erty damage to helicopter that resulted when helicopter's design gear collapsed allegedly due to design defect was not governed by this sec­tion. Bancorp Leasing and Financial Corp. v. Agusta Avia­tion Corp., 813 F2d 272 (1987)

Where account or account stated claim involves underlying sale of goods, 4-year limita­tion period of this sec­tion applies rather than 6-year period of ORS 12.080 (Action on certain contracts or liabilities). Moorman Manufacturing Co. v. Hall, 113 Or App 30, 830 P2d 606 (1992), Sup Ct review denied

Implied warranty of fitness for particular purpose is not warranty that extends to future performance of goods. Permapost Products Co. v. Osmose, Inc., 200 Or App 699, 116 P3d 909 (2005)

Warranty extending to future performance is created by affirma­tion of fact, promise or descrip­tion of goods that becomes part of basis for bargain, that ex­plic­itly extends to future performance and for which discovery of breach must await future performance. Hunter v. Woodburn Fertilizer, Inc., 208 Or App 242, 144 P3d 970 (2006), Sup Ct review denied

Law Review Cita­tions

52 OLR 91-104 (1972); 28 WLR 565 (1992)

Chapter 72

Law Review Cita­tions

53 OLR 468-473 (1974); 58 OLR 545 (1980)

1 Legislative Counsel Committee, CHAPTER 72—Sales, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors72.­pdf (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 72, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­072ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information