Nugget Fabric Limited Warranty

THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY STATE, PROVINCE, OR COUNTRY.

A. Products Covered by this Limited Warranty

This limited warranty extends to the fabric used in the Nugget Cover Set, The Nugget Couch or The Nugget Pillow Pack (collectively, the “Nugget Fabric”) sold by Nugget Comfort, LLC (“Nugget” or “we”) that is purchased directly from www.NuggetComfort.com. The Nugget Fabric is designed to be used exclusively indoors and intended for lounging purposes only. This Warranty does not cover your Nugget Fabric if you use it in a manner incompatible with that intended design and function. Certain exclusions apply, as further described in this Limited Warranty.

B. Who this Warranty Extends To

This limited warranty extends only to the original purchaser of any Nugget Fabric. The “original purchaser,” for the purposes of this limited warranty, is the first purchaser of the Nugget Fabric purchased directly from www.NuggetComfort.com. All Nugget warranties, including any implied warranties, are valid only for the period of time the Nugget Fabric are exclusively owned and used by the original purchaser. This limited warranty does not extend to any purchaser who used a third-party shipping servicer to fulfill the original order or to any subsequent or other owner, and this limited warranty is not transferable and is not applicable to use of the Nugget for commercial or rental purposes. Proof of purchase is required for all claims under this limited warranty.

C. Nugget's Limited Warranty and Responsibilities

Nugget warrants that for the twelve (12)-month period from the date of delivery (the “Warranty Period”) of any Nugget Fabric in its original packaging sold to you, such Nugget Fabric will be free from defects in material and workmanship set forth below (“Defects”), when such Nugget Fabric is used in a manner consistent with the intended design and function as described above.

OUR RESPONSIBILITY FOR DEFECTS IS LIMITED TO REPAIR OR REPLACEMENT AS SET FORTH IN THIS LIMITED WARRANTY. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR SUPPLIERS, AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.

The Warranty Period is not extended if we repair or replace a warranted product. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.

D. What this Limited Warranty Covers

THIS LIMITED WARRANTY APPLIES TO THE FOLLOWING DEFECTS:

- Seam tears.

- Zippers that malfunction and cannot be opened or closed due to normal usage of the material.

- Misprints in the case of patterned product.

THIS LIMITED WARRANTY DOES NOT COVER THE FOLLOWING:

- The Nugget Couch that has been left in its box confines for longer than 15 days as established by your delivery receipt.

- Normal thread that can be snipped off without damage to the product.

- Physical abuse or damage to the structure and/or cover material, including but not limited to, burns, cuts, tears, liquid damage or stains; provided, that the defect is caused by such abuse or damage.

- Internal lining thread runs or discoloration.

- Color difference between products from different orders.

- Any issues when product is used in combination with DIY foam or after market fabric or materials.

- Replacement of any non-defective pieces in the set (for example, if you file a warranty claim for 1 fabric piece and only one component is defective in your Nugget Fabric, then we will only replace the defective component).

- Any Nugget product (whether manufactured by Nugget or not) sold by resellers.

- Any Nugget product sold “as-is”, “preconditioned”, “reconditioned”, “used”, “comfort return”, “returned”, “previously owned”, or any other similar wording indicating that the Nugget product is not “new” or of “first quality”, or has previously been purchased or used by another consumer.

- Any damages due to (i) transportation; (ii) storage; (iii) improper use and/or use of the products in any manner other than the intended design and function as described above; (iv) failure to follow the product instructions (i.e. cleaning/washing) or to perform any preventive maintenance; (v) modifications; (vi) unauthorized repair; (vii) normal wear and tear, including without limitation, the softening of the foam; or (ix) external causes such as accidents, abuse, or other actions or events beyond our reasonable control.

In the event of a Defect during the Warranty Period, Nugget’s sole and exclusive liability and your sole remedy under this limited warranty will be, at Nugget’s option, to repair or replace such products (or the defective part) with products, parts and components that are similar to the defective product and of equal value to the purchased product, subject to your fulfillment of “Your Responsibilities” below. Replacement parts are subject to availability of inventory and may be provided in a color different from the parts you originally purchased. For limited/special edition, discontinued or out-of-stock Nugget products covered under the limited warranty, Nugget guarantees only replacement of a product with equal or greater retail value and does not guarantee exact replacement of the same limited/special edition, discontinued or out-of-stock item. Replacement parts may also be a different part that contains compatible features and functions. Replacement parts will be sent to the shipping address on file with the order.

E. Your Responsibilities

In the event of a Defect and in order to get the benefit of this limited warranty, you must complete all steps of filing a warranty claim through Nugget’s customer team and provide Nugget with proof of the original date of purchase and your Order Number. Evidence of a Defect in high quality photo/video form and any claims must be sent to the email address set forth at the end of this limited warranty.

Replaced or repaired parts are subject to the same limited warranty as the original parts, provided however, the original Warranty Period shall not be extended if a warranted product is repaired or replaced.

F. Disclaimer, Limitation on Liability

TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, NUGGET FABRIC IS PROVIDED “AS IS” AND THIS WARRANTY AND ANY IMPLIED WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

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 STATE TO STATE AND JURISDICTION TO 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 OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR RELATED TO THE NUGGET FABRIC OR ITS 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 SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. NUGGET’S TOTAL LIABILITY SHALL UNDER ALL CIRCUMSTANCES NOT EXCEED THE PURCHASE PRICE PAID FOR THE NUGGET COVER SET, THE NUGGET COUCH AND NUGGET PILLOW PACK GIVING RISE TO SUCH LIABILITY.

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.

G. Arbitration

In the event a dispute arises between you and Nugget arising out of this limited warranty (“Dispute”), such Dispute will be determined and settled solely by binding, individual arbitration and not in 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 limited warranty, 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. A party who wishes to start 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.

If any provision of this limited warranty is found invalid or unenforceable, the unenforceable provision will be severed and the other parts of this limited warranty will still be enforced.

You must seek arbitration for disputes arising out of this limited warranty prior to exercising any rights or seeking any remedies created by the Title I of the Magnuson Moss Warranty Act.

H. Governing Law and Forum Choice

This Limited Warranty and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of North Carolina, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section G “Arbitration” the exclusive jurisdiction for all 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

I. Warrantor

Nugget Comfort, LLC (d/b/a Nugget)

200 Business Park Drive, Butner, NC 27509

hq@nuggetcomfort.com

 

Nugget Foam Products Limited Warranty

THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY STATE, PROVINCE, OR COUNTRY.

A. Products Covered by this Limited Warranty

This limited warranty extends to the foam components used in the The Nugget Couch or The Nugget Pillow Pack (collectively, the “Nugget Foam Products”) sold by Nugget Comfort, LLC (“Nugget” or “we”) that is purchased directly from www.NuggetComfort.com. The Nugget Foam Products are designed to be used exclusively indoors and intended for lounging purposes only. This Warranty does not cover your Nugget Foam Product if you use it in a manner incompatible with that intended design and function. Certain exclusions apply, as further described in this Limited Warranty.

B. Who this Warranty Extends To

This limited warranty extends only to the original purchaser of any Nugget Foam Product. The “original purchaser,” for the purposes of this limited warranty, is the first purchaser of the Nugget Foam Product purchased directly from www.NuggetComfort.com. All Nugget warranties, including any implied warranties, are valid only for the period of time the Nugget Foam Products are exclusively owned and used by the original purchaser.

This limited warranty does not extend to any purchaser who used a third-party shipping servicer to fulfill the original order or to any subsequent or other owner, and this limited warranty is not transferable and is not applicable to use of the Nugget for commercial or rental purposes. Proof of purchase is required for all claims under this limited warranty.

C. Nugget's Limited Warranty and Responsibilities

Nugget warrants that for the twelve (12)-month period from the date of delivery (the “Warranty Period”) of any Nugget Foam Product in its original packaging sold to you, such Nugget Foam Product will be free from defects in material and workmanship set forth below (“Defects”), when such Nugget Foam Product is used in a manner consistent with the intended design and function as described above.

OUR RESPONSIBILITY FOR DEFECTS IS LIMITED TO REPAIR OR REPLACEMENT AS SET FORTH IN THIS LIMITED WARRANTY. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR SUPPLIERS, AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.

The Warranty Period is not extended if we repair or replace a warranted product. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.

D. What this Limited Warranty Covers

THIS LIMITED WARRANTY APPLIES TO THE FOLLOWING DEFECTS:

- Continued foam compression that materially affects the form and function of the product.

- Foam size differences between pieces in the same order greater than one (1) inch difference.

- Any physical flaw in the foam greater than one (1) inch that causes the foam material to deteriorate, despite normal usage and proper handling.

THIS LIMITED WARRANTY DOES NOT COVER THE FOLLOWING:

- The Nugget Couch that has been left in its box confines for longer than 15 days as established by your delivery receipt.

- Normal discoloration.

- Normal off-gassing.

- Foam difference between products from different orders.

- Any issues when product is used in combination with DIY foam or after market fabric or materials.

- Replacement of any non-defective pieces in the set (for example, if you file a warranty claim for 1 foam piece and only one component is defective in your Nugget Foam Product, then we will only replace the defective component).

- Any Nugget product (whether manufactured by Nugget or not) sold by resellers.

- Any Nugget product sold “as-is”, “preconditioned”, “reconditioned”, “used”, “comfort return”, “returned”, “previously owned”, or any other similar wording indicating that the Nugget product is not “new” or of “first quality”, or has previously been purchased or used by another consumer.

- Any damages due to (i) transportation; (ii) storage; (iii) improper use and/or use of the products in any manner other than the intended design and function as described above; (iv) failure to follow the product instructions (i.e. cleaning/washing) or to perform any preventive maintenance; (v) modifications; (vi) unauthorized repair; (vii) normal wear and tear, including without limitation, the softening of the foam; or (ix) external causes such as accidents, abuse, or other actions or events beyond our reasonable control.

In the event of a Defect during the Warranty Period, Nugget’s sole and exclusive liability and your sole remedy under this limited warranty will be, at Nugget’s option, to repair or replace such products (or the defective part) with products, parts and components that are similar to the defective product and of equal value to the purchased product, subject to your fulfillment of “Your Responsibilities” below. Replacement parts are subject to availability of inventory and may be provided in a color different from the parts you originally purchased. For limited/special edition, discontinued or out-of-stock Nugget products covered under the limited warranty, Nugget guarantees only replacement of a product with equal or greater retail value and does not guarantee exact replacement of the same limited/special edition, discontinued or out-of-stock item. Replacement parts may also be a different part that contains compatible features and functions. Replacement parts will be sent to the shipping address on file with the order.

E. Your Responsibilities

In the event of a Defect and in order to get the benefit of this limited warranty, you must complete all steps of filing a warranty claim through Nugget’s customer team and provide Nugget with proof of the original date of purchase and your Order Number. Evidence of a Defect in high quality photo/video form and any claims must be sent to the email address set forth at the end of this limited warranty.

Replaced or repaired parts are subject to the same limited warranty as the original parts, provided however, the original Warranty Period shall not be extended if a warranted product is repaired or replaced.

F. Disclaimer, Limitation on Liability

TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, NUGGET FOAM PRODUCTS ARE PROVIDED “AS IS” AND THIS WARRANTY AND ANY IMPLIED WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

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 STATE TO STATE AND JURISDICTION TO 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 OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR RELATED TO THE NUGGET FOAM PRODUCTS OR ITS 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 SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. NUGGET’S TOTAL LIABILITY SHALL UNDER ALL CIRCUMSTANCES NOT EXCEED THE PURCHASE PRICE PAID FOR THE NUGGET COUCH AND NUGGET PILLOW PACK GIVING RISE TO SUCH LIABILITY.

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.

G. Arbitration

In the event a dispute arises between you and Nugget arising out of this limited warranty (“Dispute”), such Dispute will be determined and settled solely by binding, individual arbitration and not in 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 limited warranty, 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. A party who wishes to start 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.

If any provision of this limited warranty is found invalid or unenforceable, the unenforceable provision will be severed and the other parts of this limited warranty will still be enforced.

You must seek arbitration for disputes arising out of this limited warranty prior to exercising any rights or seeking any remedies created by the Title I of the Magnuson Moss Warranty Act.

H. Governing Law and Forum Choice

This Limited Warranty and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of North Carolina, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section G “Arbitration” the exclusive jurisdiction for all 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.

I. Warrantor

Nugget Comfort, LLC (d/b/a Nugget)

200 Business Park Drive, Butner, NC 27509

hq@nuggetcomfort.com