LIMITED WARRANTY
- WHAT PRODUCTS ARE COVERED BY THIS LIMITED WARRANTY?
This Limited Warranty applies to the following Nugget-branded items (“Product(s)”) purchased from Nugget Comfort LLC (“Nugget”, “we”, “us”, or “our”):
The Products are designed to be used exclusively indoors and intended for supervised play. Warranty coverage is specifically restricted to manufacturing defects in the foam (cushions) and fabric (covers, liners) components of a Product that has been used in a manner consistent with the intended design and function (as described on the Website and in this warranty).
Eligibility for coverage is determined by the specific Warranty Period and criteria detailed in Sections 2, 3, 4, and 5 for each respective Product.
Certain exclusions apply, as further described in this warranty.
- WHO DOES THIS LIMITED WARRANTY EXTEND TO?
This warranty extends only to the original purchaser of a Nugget-branded Product (as described above), provided the Product was purchased directly from www.nuggetcomfort.com (the “Website”) or through an official Nugget storefront on an authorized third-party marketplace. For purposes of this warranty, “original purchaser” means the first purchaser of the Product for personal, non-commercial use, and is sometimes referred to herein as “you” or “your.”. Proof of purchase, including the applicable purchase order number, is required for all warranty claims.
The following purchasers are not eligible for coverage under this warranty: (a) purchasers who acquired a Product from an unauthorized seller or resellers; (b) purchasers who acquired a Product for resale, rental, or non-residential use; (c) purchasers who used a third-party shipping servicer to fulfill the original purchase order; or (d) any subsequent owners of a Product.
This warranty is not transferable.
- HOW LONG IS THE WARRANTY PERIOD?
The Warranty Periods set forth below apply to claims, losses, damages and defects under this Limited Warranty, and any and all warranties implied under applicable law.
|
Product |
Warranty Period |
| Nugget® (Foam and Covers) | 2 years |
| Chunk® (Foam and Covers) | 1 year |
| Smore™ (Foam and Covers) | 1 year |
| Nugget Cover Sets | 2 years |
| Chunk Cover Sets | 1 year |
| Smore Cover Sets | 1 year |
| Liner Sets | 1 year |
Coverage begins on the Product’s delivery date (as established by your delivery receipt). Note, Warranty Periods are not extended if Nugget repairs or replaces a Product or any component thereof.
- DEFECTS COVERED UNDER THIS LIMITED WARRANTY
Subject to the exclusions described in the table below and in Section 5 below, this warranty covers eligible manufacturing defects in the fabric (covers, liners) and foam (cushions) of a Nugget-branded Product, as specified below.
FABRIC
(Covers, Cover Sets, and Liner Sets)
| What’s Covered | What’s Not Covered |
|
|
FOAM
(The Nugget, Chunk and Smore cushions)
| What’s Covered | What’s Not Covered |
|
|
In the event of any covered defect during the applicable Warranty Period, Nugget’s sole and exclusive liability, and your sole and exclusive remedy, will be, at Nugget’s option, to repair or replace such defective Product or component, with Products or components that are similar to the defective Product or component and of similar value, subject to your fulfillment of “Your Responsibilities” below. Replacement Products and components, including material, colors and fabrics, are subject to inventory availability, and may vary from the original, but will contain compatible features and functions. Nugget does not guarantee that a replacement Product or component will match such defective Product or component. Replacement components will be sent to the original purchaser at the shipping address on file with the original purchase order, unless you provide us with an updated address.
- WHAT THIS LIMITED WARRANTY DOES NOT COVER
In addition to the exclusions described in Section 4 above, THIS LIMITED WARRANTY DOES NOT COVER ANY OF THE FOLLOWING:
- Any defects or damage due to misuse, abuse, neglect, or use of a Product in a manner inconsistent with its intended design, function, or use, including as described in the Safe and Proper Use Manual made available on the Website;
- Any losses, defects, or damages due to: (i) normal wear and tear, including expected foam softening over time; (ii) storage, transit, or failure to follow care and cleaning instructions; (iii) external sources, including accidents, burns, stains, cuts, or unauthorized repairs and modifications; or (iv) other actions or events beyond our reasonable control.
- Any defects or damage to Products used in combination with third-party, aftermarket, or DIY components (including non-Nugget foam and fabric materials);
- Replacement of any non-defective components in a Product (for example, one defective Pillow cover does not entitle you to replacement of both covers or both foam cushions);
- Products sold “as-is”, “used”, “reconditioned”, “comfort return”, "open box", “previously owned”, or under any designation indicating they are not new or of first quality;
- Products purchased or used by anyone other than the original purchaser;
- Products used for commercial, rental, or non-residential purposes, or used in an outdoor environment;
- Novelty products (e.g. Mini Nugget);
- All Products and/or purchases designated as “Final Sale”;
- All (i) discounted Products (e.g. retired Cover Sets), (ii) free or promotional products (including giveaway prizes), or (iii) other Products sold or provided by Nugget, which are subject to written terms and/or rules explicitly excluding warranty coverage;
- Products purchased from unauthorized sellers or resellers;
- Non-Nugget branded products purchased through the Website and fulfilled by third parties;
- Any warranty claims made outside the applicable Warranty Period as set forth in Section 3 above; and
- Any exclusions described in Section 4 above.
- NUGGET'S RESPONSIBILITIES.
NUGGET'S SOLE AND EXCLUSIVE RESPONSIBILITY FOR PRODUCT DEFECTS AND ANY OTHER MATTERS COVERED BY THIS LIMITED WARRANTY IS LIMITED TO REPAIR OR REPLACEMENT AS SET FORTH IN THIS LIMITED WARRANTY. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN PROMISE, INFORMATION, STATEMENT, OR ADVICE PROVIDED BY NUGGET OR ANY OF ITS EMPLOYEES, AGENTS, OR SUPPLIERS CREATE ANY OTHER WARRANTY OR RESPONSIBILITY, OR IN ANY WAY INCREASES THE SCOPE OR DURATION OF THIS LIMITED WARRANTY. THIS LIMITED WARRANTY SUPERSEDES AND REPLACES ANY SUCH CONDUCT, PROMISE, INFORMATION, STATEMENT, OR ADVICE.
- YOUR RESPONSIBILITIES.
In order to get the benefit of this Limited Warranty, you must complete all of the steps of filing a warranty claim through the Contact Form, which can be found at https://nuggetcomfort.com/pages/contact-us (the “Contact Form”), and provide us with: (1) the applicable proof of purchase, including Order Number; (2) a clear description of the covered defect; and (3) high-quality photographs or video evidence clearly showing the covered defect.
Any claim, including evidence of a covered defect, must be submitted through the Contact Form prior to expiration of the applicable Warranty Period. Claims that are incomplete or lack the required documentation will not be processed until all required information is provided. The Warranty Period is not tolled or extended during the period a claim is pending or under review.
Replaced or repaired Products and components are subject to the same Limited Warranty as the original Products or components, provided however, the original Warranty Period shall not be extended if a warranted Product or component is repaired or replaced.
- DISCLAIMER, LIMITATION ON LIABILITY.
TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, THIS LIMITED WARRANTY, INCLUDING THE EXCLUSIVE REMEDY DESCRIBED HEREIN, AND ANY WARRANTIES IMPLIED BY APPLICABLE LAW ARE YOUR EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER WARRANTIES, EXPRESS OR IMPLIED.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, AND SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM BY STATE OR JURISDICTION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS LIMITED WARRANTY, IN NO EVENT WILL NUGGET OR ITS SUPPLIERS BE LIABLE FOR PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR RELATED TO THE PRODUCTS OR THEIR USE BY YOU OR ANY THIRD PARTY, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, PRODUCT LIABILITY, OR OTHERWISE. THIS LIMITATION WILL APPLY EVEN IF NUGGET HAS BEEN ADVISED OF POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. AS STATED IN SECTION 5 ABOVE, THIS LIMITED WARRANTY DOES NOT COVER ANY LOSS OR DAMAGE DUE TO IMPROPER USE AND/OR USE OF PRODUCTS IN ANY MANNER OTHER THAN THE INTENDED DESIGN, USE AND FUNCTION DESCRIBED ABOVE AND IN THE SAFE AND PROPER USE MANUAL AVAILABLE ON NUGGET’S WEBSITE. UNDER NO CIRCUMSTANCES WILL NUGGET BE LIABLE FOR ANY LOSS, DAMAGE OR CLAIM, INCLUDING FOR BODILY INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, OR OTHER LOSS ARISING FROM OR RELATED TO SUCH USE OF PRODUCTS.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
- ARBITRATION
In the event a dispute arises between you and Nugget arising out of this Limited Warranty (“Dispute”), such Dispute shall be determined and resolved exclusively by binding, individual arbitration and not through a class, representative or consolidated action or proceeding. You and Nugget agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision, and that you and Nugget are each WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
As limited exceptions to the above: (i) you may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Limited Warranty. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. The party initiating arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
You must seek arbitration for any Dispute prior to exercising any rights or seeking any remedies, including, without limitation, those created by Title I of the Magnuson Moss Warranty Act.
- GOVERNING LAW, FORUM CHOICE AND SEVERABILITY.
This Limited Warranty and any Dispute will be governed by the laws of the State of North Carolina, without regard to any conflict of laws provisions. Except as otherwise expressly set forth in Section 9 (Arbitration), the exclusive venue for any Disputes that you and Nugget are not required to arbitrate will be the state and federal courts located in the State of North Carolina, and you and Nugget each waive any objection to jurisdiction and venue in such courts.
If any provision of this warranty is held invalid or unenforceable, such unenforceable provision will be severed and the remaining provisions will continue in full force and effect.
- WARRANTOR
Nugget Comfort LLC
200 Business Park Drive
Butner, NC 27509
hq@nuggetcomfort.com
Updated June 9, 2026
