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Contracts • Terms of the Contract
K#101
Legal Definition
The statute of limitations for warranties of quality is 4 years, and generally starts running when "tender of delivery is made," not when the buyer learns the product is defective.
Plain English Explanation
A buyer only has 4 years to bring a claim against a seller for any type of warranty claim. This 4 year period begins the moment that "tender of delivery is made," which usually means the point of purchase, but can also mean the moment when the product was available to be possessed. For example, if someone orders a custom bike intended to be picked up at a shop but the buyer waits 1 year to pick it up, only 3 years will remain on the statute of limitation for any warranty claims.
Hypothetical
Hypo 1: Bob weighs 500 pounds and wants to get some exercise. He decides to go buy a bike from Sam who owns a bike ship. After squeezing through the door, Bob sees a bike that he wants. The sticker says, "Not intended for riders over 500 pounds." Bob thinks, "Great! I'm exactly 500 pounds." He takes the bike home, puts it in his garage, and forgets about it for 5 years. One day, he stumbles across the bike in his garage and decides to ride it. He still weighs 500 pounds. About 5 minutes into his ride, the bike crumples beneath him and falls apart under the strain of his mass. Result: The sticker would be an express warranty that the bike can handle riders who are not "over 500 pounds." Since Bob is exactly 500 pounds, the bike should have been able to support him. This is a breach of an express warranty. However, the statute of limitation has run and Bob is no longer allowed to bring a claim.
Visual Aids
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