United States · Illinois limitation periods
When does the ordinary Illinois four-year sale-of-goods contract period end?
For the ordinary four-year branch of Section 2-725(1), count from independently established accrual. Breach ordinarily starts the period even without knowledge. Warranty breach ordinarily accrues on tender of delivery, with a specific explicit-future-performance exception. This calculator does not apply an agreed shorter period, tolling or the six-month refiling branch.
- Period
- Four calendar years from established accrual
- Trigger
- Established Section 2-725 accrual date
- Rule
- 810 ILCS 5/2-725
Section 2-725(1)–(4), source Laws 1961, page 2101, corroborated by the current official Article 2 compilation. Reviewed.
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Which accrual date and original contract period are established?
Confirm a covered sale-of-goods contract and that no valid original agreement reduces the four-year period.
Establish breach accrual under subsection (2). For ordinary warranty breach, establish tender of delivery rather than purchase, payment or later awareness.
Use this four-year component only when applicable tolling, historical applicability and a refiling branch do not alter it.
810 ILCS 5/2-725How do I count the ordinary four-year component?
- Confirm a covered sale-of-goods contract and that no valid original agreement reduces the four-year period.
- Exclude the established accrual day and add four calendar years. Apply the governing final-day and statutory-holiday provisions. Do not substitute awareness for breach or ordinary warranty tender. The result is this scoped component, not a determination that an action is timely under every applicable provision.
- Check the final weekend, statutory holiday and the proper court’s actual calendar.
- Commence the action in the proper court and preserve the contract, original agreed period, established accrual evidence and accepted filing record.
Section 1.11 excludes a final Saturday, Sunday or statutory holiday and consecutive excluded days. Section 17(a) of the Promissory Note and Bank Holiday Act includes Pulaski Day, Good Friday and the general election for members of the House of Representatives. Check proclamations, the proper court’s actual calendar and clerk access separately. The bundled Illinois calendar covers 2026 and 2027.
5 ILCS 70/1.11What does an independently derived example show?
Fictitious example
Use only the ordinary four-year branch with independently established accrual, no valid shorter original agreement, no tolling and no qualifying refiling alteration. Fictitious established breach on August 2, 2023. The ordinary four-year branch applies, with no shorter agreement, tolling or refiling.
| Step | What is counted | Date |
|---|---|---|
| Established statutory event | Established Section 2-725 accrual date | August 2, 2023 |
| Applicable statutory period | Four calendar years from established accrual | August 2, 2027 |
Fictitious facts. The event and statutory classification are independently established. The calculator does not determine accrual, legal disability, fraudulent concealment, effective agency service or an actual court extension.
Try these dates in the calculatorWhich qualifications change this statutory calculation?
- The original agreement may shorten but not extend
- Subsection (1) allows an original agreed reduction to at least one year, but not an agreed extension. This fixed four-year calculator cannot compute an agreed shorter period.
- Future-performance warranty accrual is narrow
- Subsection (2) requires a warranty explicitly extending to future performance and discovery that must await that performance. Only that branch uses when the breach was or should have been discovered.
- Qualifying refiling is a separate six-month branch
- Subsection (3) requires an originally timely action terminated with another same-breach remedy available. It excepts voluntary discontinuance and dismissal for failure or neglect to prosecute.
- Tolling is preserved, not rejected
- Subsection (4) preserves the law on tolling and excludes causes accruing before the Act took effect. The parties’ inability to extend under subsection (1) is not a declaration that no statutory relief exists.
- This calculation does not determine whether relief is available or whether the facts satisfy the statute.
- A current statutory edition does not establish the law for every historical claim. Preserve the applicable edition and actual orders.
What must be completed and preserved?
Questions about 810 ILCS 5/2-725
When does the ordinary Illinois four-year sale-of-goods contract period end?
Does later knowledge restart the ordinary period?
No. Subsection (2) ordinarily accrues the action at breach regardless of knowledge. Ordinary warranty breach uses tender of delivery.
810 ILCS 5/2-725Can the parties make this ordinary period six years?
Subsection (1) prohibits an agreed extension. It permits an original agreed reduction to no less than one year, which this four-year calculator does not apply.
810 ILCS 5/2-725Does every dismissed sale claim get six more months?
No. Subsection (3) requires its stated conditions and excludes voluntary discontinuance and failure or neglect to prosecute. Check the actual termination and available remedy.
810 ILCS 5/2-725Official statutory sources and review
Provisions used (6)
| Provision | Purpose |
|---|---|
| 810 ILCS 5/2-725 | The specific statutory actor, triggering event, period and qualifications |
| 5 ILCS 70/1.11 | Triggering-day exclusion and the final eligible day |
| 205 ILCS 630/17(a), (d) | Illinois statutory holidays and consecutive excluded days |
| Illinois Supreme Court Rule 9(f) | Applicable court filing, service and proof requirements, separate from agency service |
| Illinois Supreme Court Rule 11 | Applicable court filing, service and proof requirements, separate from agency service |
| Illinois Supreme Court Rule 12 | Applicable court filing, service and proof requirements, separate from agency service |