Action Accrual Date for Written Warranties to Repair: Date of Delivery or Date of Failure to Repair?

This Note argues that the statute of limitations for an action for breach of a repair warranty should begin to run not when the goods are delivered (on-delivery rule), but when the manufacturer has failed to repair the goods (failure-to-repair rule). Part I considers the current division of authority relating to the action accrual date (the date at which the limitations period begins) for repair warranties. It analyzes the issue of whether the repair warranty is a species of future performance warranty under section 2-725(2) and examines non-Code law on repair promises. Part II discusses the advantages and disadvantages of allowing the statute of limitations to begin running only after the manufacturer has failed to repair. Part III concludes that a failure-to repair rule -best serves the purposes of the Code’s rules regarding prospective warranties (those that promise performance at a future time) and proposes an amendment to section 2-725 to this end.