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PARRIS N. GLENDENING, Governor
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Ch. 11
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(B) IF THE ORIGINAL AGREEMENT OF THE PARTIES ALTERS THE PERIOD OF
LIMITATIONS, THE FOLLOWING RULES APPLY:
(1) THE PARTIES MAY REDUCE THE PERIOD OF LIMITATION TO NOT
LESS THAN ONE YEAR AFTER THE RIGHT OF ACTION ACCRUES BUT MAY NOT
EXTEND IT.
(2) IN A CONSUMER CONTRACT MASS-MARKET TRANSACTION, THE
PERIOD OF LIMITATION MAY NOT BE REDUCED.
(C) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (D) OF THIS SECTION, A
RIGHT OF ACTION ACCRUES WHEN THE ACT OR OMISSION CONSTITUTING A BREACH
OF CONTRACT OCCURS, EVEN IF THE AGGRIEVED PARTY DID NOT KNOW OF THE
BREACH. A RIGHT OF ACTION FOR BREACH OF WARRANTY ACCRUES WHEN TENDER
OF DELIVERY OF A COPY PURSUANT TO § 21-606 OF THIS TITLE, OR ACCESS TO THE
INFORMATION, OCCURS. HOWEVER, IF THE WARRANTY EXPRESSLY EXTENDS TO
FUTURE PERFORMANCE OF THE INFORMATION OR A COPY, THE RIGHT OF ACTION
ACCRUES WHEN THE PERFORMANCE FAILS TO CONFORM TO THE WARRANTY, BUT
NOT LATER THAN THE DATE THE WARRANTY EXPIRES.
(D) IN THE FOLLOWING CASES, A RIGHT OF ACTION ACCRUES ON THE LATER
OF THE DATE THE ACT OR OMISSION CONSTITUTING THE BREACH OF CONTRACT
OCCURRED OR THE DATE ON WHICH IT WAS OR SHOULD HAVE BEEN DISCOVERED BY
THE AGGRIEVED PARTY, BUT NOT EARLIER THAN THE DATE FOR DELIVERY OF A
COPY IF THE CLAIM RELATES TO INFORMATION IN THE COPY:
(1) A BREACH OF WARRANTY AGAINST THIRD-PARTY CLAIMS FOR:
(A) INFRINGEMENT OR MISAPPROPRIATION; OR
(B) LIBEL, SLANDER, OR THE LIKE;
(2) A BREACH OF CONTRACT INVOLVING A PARTY'S DISCLOSURE OR
MISUSE OF CONFIDENTLY INFORMATION; OR
(3) A FAILURE TO PROVIDE AN INDEMNITY OR TO PERFORM ANOTHER
OBLIGATION TO PROTECT OR DEFEND AGAINST A THIRD-PARTY CLAIM.
(E) IF AN ACTION COMMENCED WITHIN THE PERIOD OF LIMITATION IS SO
CONCLUDED AS TO LEAVE AVAILABLE A REMEDY BY ANOTHER ACTION FOR THE
SAME BREACH OF CONTRACT, THE OTHER ACTION MAY BE COMMENCED AFTER
EXPIRATION OF THE PERIOD OF LIMITATION IF THE ACTION IS COMMENCED WITHIN
SIX MONTHS AFTER CONCLUSION OF THE FIRST ACTION, UNLESS THE ACTION WAS
CONCLUDED AS A RESULT OF VOLUNTARY DISCONTINUANCE OR DISMISSAL FOR
FAILURE OR NEGLECT TO PROSECUTE.
(F) THIS SECTION DOES NOT ALTER THE LAW ON TOLLING OF THE STATUTE
OF LIMITATIONS AND DOES NOT APPLY TO A RIGHT OF ACTION THAT ACCRUED
BEFORE THE EFFECTIVE DATE OF THIS TITLE.
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- 135 -
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