On May 1,1999,S contracts to sell B a toaster that it warrants for five years.On May 5,1999,S delivers the toaster to B.The toaster self-destructs on April 30,2000,but B does not discover this until May 3,2000.However,B does not sue S until May of 2003.Has B sued within the time period permitted by UCC statute of limitations? Why or why not?
Yes,B has complied with UCC statute of limitations.In cases where the warranty covers future performance of the goods,the statute begins to run on the day the buyer should have discovered the defect.B obviously sued within four years of this date.
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