(specially concurring).
I agree that the trial court erred in imposing a statute of limitations on this action concurrent with the term of the written warranty. Plaintiffs’ dissatisfaction with the equipment and their complaints under the warranty were communicated to defendant in June 1977. Their causes of action on the implied warranties accrued on that date, well within the period of the express warranty. They had four years thereafter within which to bring suit. Section 37-1-4, N.M.S.A. 1978.
Waiver and estoppel, stated in defendant’s Findings 13 and 14 and “given” by the court, are not applicable under the facts of this case. Section 55-2-714 of the Uniform Commercial Code specifically provides for a buyer’s recovery of damages for nonconformity, after acceptance of the seller’s goods and notification to the seller, for losses resulting in the ordinary course of events. Those damages may be determined “in any manner which is reasonable.” Section 55-2-715 authorized, further, incidental and consequential damages resulting from a seller’s breach. The buyer’s claims are not waived, and he is not estopped by acceptance, if suit is brought within the period allowed by New Mexico’s statute of limitations.
On plaintiffs’ claim of misrepresentation, the findings are insufficient to support the conclusion of plaintiffs’ failure to carry the burden of proof. There is nothing to indicate what elements were considered by the court concerning the burden of proof imposed on plaintiffs. The trial court should also be directed to enter specific findings on that issue.
Costs should be assessed against appellee.