Free preview Receipt and Acceptance of Goods
Free preview
Receipt and Acceptance of Goods
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In North Carolina, the statute of repose changed in October of 2009. For any product sold after October 1, 2009, the statute of repose is 12 years after the date of the initial purchase or consumption of the product in question (not to the victim, but the date of first sale or consumption by anyone).
In North Carolina, felony crimes have no statutes of limitations?meaning a felony criminal case can be filed at any time. Most misdemeanor cases must be charged by the prosecutor within two years of the crime. Exceptions to the two-year limit are noted below.
§ 25-2-209. Modification, rescission and waiver. (2) A signed agreement which excludes modification or rescission except by a signed writing cannot be otherwise modified or rescinded, but except as between merchants such a requirement on a form supplied by the merchant must be separately signed by the other party.
In North Carolina, the statue of repose is six years, and the period generally begins to run upon substantial completion of the project.
Implied warranties are automatic. They are implied by State law and imposed on people in the business of selling specific products such as a car dealer. That a car runs is an implied warranty implied by law. However, not everything that breaks down in a car means that the implied warranty has been breached.
For example, if a defective product first sold to a consumer more than ten years ago causes an injury, a ten-year statute of repose (that starts on the product's original date of purchase) might bar a claim even if the statute of limitations (which starts on the date of injury) does not.
Twenty-three states have adopted a statute of repose for product liability claims. Most statutes vary between 10 and 12 years.