LIMITED WARRANTY

1. WHAT PRODUCTS ARE COVERED BY THIS LIMITED WARRANTY?

This Limited Warranty extends to the fabric components of the Cover Sets and Liner Sets (“Fabric”) and the foam components (“Foam”) used in (i) The Nugget® (the “Nugget”) and (ii) Chunk™ (the “Chunk”) sold by Nugget Comfort LLC (the “Company”, “we”, or “our”) directly from www.nuggetcomfort.com (the “Company Website”), subject to the terms and conditions described in this Limited Warranty. The Nugget and the Chunk, together with the Fabric and Foam, are collectively referred to in this Limited Warranty as the “Products.”

The Products are designed to be used exclusively indoors and intended for supervised play. This Limited Warranty only covers Products used in a manner consistent with the intended design and function (as described on the Company Website and in this Limited Warranty).

Certain exclusions apply, as further described in this Limited Warranty.

2. WHO DOES THIS LIMITED WARRANTY EXTEND TO?

This Limited Warranty extends only to the original purchaser of any Product sold by the Company. The “original purchaser,” for the purposes of this Limited Warranty, is the first purchaser of the Product purchased directly from the Company Website. The original purchaser is sometimes referred to herein as “you” or “your.” All the Company warranties, including any implied warranties, are valid only for the period of time the Product is exclusively owned and used by the original purchaser, and are subject to such Product’s applicable Warranty Period set forth below. This Limited Warranty does not extend to any purchaser who used a third-party shipping servicer to fulfill the original purchase order or to any subsequent or other owner, and this Limited Warranty is not transferable and is not applicable to use of any Product for commercial or rental purposes. Proof of purchase, including the applicable purchase order number, is required for all claims under this Limited Warranty.

3. 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.

• THE NUGGET:
• The Fabric components of the Nugget have a two (2) year warranty from the date of delivery of the Nugget in its original packaging sold to you.
• The Foam components of the Nugget have a two (2) year warranty from the date of delivery of the Nugget in its original packaging sold to you.
• CHUNK:
• The Fabric components of the Chunk have a one (1) year warranty from the date of delivery of the Chunk in its original packaging sold to you.
• The Foam components of the Chunk have a one (1) year warranty from the date of delivery of the Chunk in its original packaging sold to you.
• COVER SETS:
• The Fabric components of Nugget Cover Sets have a two (2) year warranty from the date of delivery of the Nugget Cover Set in its original packaging sold to you.
• The Fabric components of Chunk Cover Sets have a one (1) year warranty from the date of delivery of the Chunk Cover Set in its original packaging sold to you.
• LINER SETS:
• The Fabric components of Liner Sets have a one (1) year warranty from the date of delivery of the Liner Set in its original packaging sold to you.

The above Warranty Periods are not extended if we repair or replace a warranted product (or component thereof). 

4. WHAT IS NOT COVERED UNDER THIS LIMITED WARRANTY?

THIS LIMITED WARRANTY DOES NOT COVER ANY OF THE FOLLOWING:

• Any defects or damage to Products used in a manner incompatible with a Product’s intended design, function and use, including as described in the Safe and Proper Use Manual available on the Company Website;
• Any defects or damage to Products used in combination with DIY foam or fabric, or after-market foam, fabric or materials or other foam or fabric from third parties;
• Products sold by resellers;
• Products sold “as-is”, “preconditioned”, “reconditioned”, “used”, “comfort return”, “returned”, “previously owned”, or any other similar wording indicating that the Product is not “new” or of “first quality”, or has previously been purchased or used by another consumer;
• Any losses, damages or defects due to: (i) transportation; (ii) storage; (iii) improper use and/or use of Products in any manner other than the intended design, use and function as described above and in the Safe and Proper Use Manual available on the Company Website; (iv) failure to follow the Product’s instructions (i.e. cleaning/washing) or to perform any preventive maintenance; (v) modifications; (vi) unauthorized repair; (vii) excessive wear and tear; (viii) ordinary wear, 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;
• Replacement of any non-defective pieces in the Products (for example, if you file a warranty claim for only one Fabric component in your Cover Set (i.e. one pillow cover), then we will only replace the defective component (pillow cover) and not the entire Cover Set);
• All novelty products such as the Mini Nugget and all free and promotional Products, and any other products sold or provided by the Company, which are subject to written terms and/or rules which explicitly exclude a warranty; and
• Any warranty claims made outside of the applicable Warranty Period as set forth in Section 3 above.

5. WHAT DEFECTS ARE COVERED UNDER THIS LIMITED WARRANTY?

• Defects in the FABRIC used in the Cover Sets for the NUGGET and the CHUNK.
• This Limited Warranty applies to the following defects in the Fabric used in the Cover Sets of the Nugget and the Chunk:
• Seam tears due to normal and ordinary usage of the Product.
• Zippers that malfunction and cannot be opened or closed due to normal and ordinary usage of the Product.
• Zipper garage rips or tears due to normal and ordinary usage of the Product.
• Missing stitches or mis-stitching.
• Looped threads.
• For the Nugget only: Handle rips or tears due to normal and ordinary usage.
• In addition to the exclusions described in Section 4 above, this Limited Warranty DOES NOT COVER the following items with respect to the Fabric used in the Cover Sets of the Nugget and the Chunk:
• 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.
• Internal lining thread runs or discoloration.
• Color difference between Fabric from different purchase orders of a Product.

• Defects in the FOAM used in the NUGGET and the CHUNK.
• Nugget Foam Only: This Limited Warranty applies to the following defects in the Foam used in the Nugget:
• Abnormal foam compression continuing for more than two (2) weeks after opening, and which materially affects the form and function of the Nugget.
• Foam size differences greater than one (1) inch between the cushion pieces in the same purchase order.
• Foam size differences greater than one (1) inch between the base pieces in the same purchase order.
• Foam size differences greater than one (1) inch between the pillow pieces in the same purchase order.
• Any physical flaw in the foam greater than one (1) inch that causes the foam material to deteriorate, despite normal usage and proper handling.
• Chunk Foam Only: This Limited Warranty applies to the following defects in the Foam used in the Chunk:
• Any physical flaw in the foam greater than one (1) inch that causes the foam material to deteriorate, despite normal usage and proper handling.
• Foam size differences greater than one (1) inch between the puck pieces in the same purchase order.
• In addition to the exclusions described in Section 4 above, this Limited Warranty DOES NOT COVER the following items with respect to the Foam used in the Nugget and/or the Chunk:
• If the Nugget has been left in its box confines for longer than eight (8) weeks as established by your delivery receipt.
• Normal discoloration and off-gassing.
• Foam differences between Products from different purchase orders.

• Defects in the FABRIC used in LINER SETS.
• This Limited Warranty applies to the following defects in the Fabric used in the Liner Sets of the Nugget and the Chunk:
• Seam tears due to normal and ordinary usage of a Product.
• Zippers that malfunction and cannot be opened or closed due to normal and ordinary usage of a Product.
• In addition to the exclusions described in Section 4 above, this Limited Warranty DOES NOT COVER the following items with respect to the Fabric used in the Liner Sets of the Nugget and the Chunk:
• Normal thread that can be snipped off without damage to the Liner Set.
• Physical abuse or damage to the structure and/or cover material, including but not limited to, burns, cuts, tears, liquid damage or stains.
• Internal lining thread runs or discoloration.
• Color difference between Liner Set purchases from different purchase orders.

In the event of any covered defect during the applicable Warranty Period (see Section 3 above), the Company’s sole and exclusive liability, and your sole and exclusive remedy, under this Limited Warranty will be, at the Company’s option, to repair or replace such defective product, or part or portion of such defective product, with products or parts that are similar to the defective product and of similar value to the defective Product (or part thereof), subject to your fulfillment of “Your Responsibilities” below. Replacement parts are subject to availability of inventory and may include different material or parts that contain compatible features and functions. Replacement parts will be sent to the original purchaser at the shipping address on file with the applicable purchase order unless you provide us with an updated address.

6. COMPANY'S RESPONSIBILITIES.

THE COMPANY'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 US OR ANY OF OUR SUPPLIERS, AGENTS OR EMPLOYEES CREATE ANY OTHER WARRANTY OR RESPONSIBILITY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY. THIS LIMITED WARRANTY SUPERSEDES AND REPLACES ANY SUCH CONDUCT, PROMISE, INFORMATION, STATEMENT OR ADVICE.

7. YOUR RESPONSIBILITIES.

In order to get the benefit of this Limited Warranty, you must complete all 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 the Company with proof of the original date of purchase and your Order Number. Any claim, including evidence of a covered defect in high quality photo/video form, must be submitted through the Contact Form.

Replaced or repaired Products or parts are subject to the same Limited Warranty as the original Products or parts, provided however, the original Warranty Period shall not be extended if a warranted Product or part is repaired or replaced.

8. 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, 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 THE COMPANY 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 THE COMPANY HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. AS STATED IN SECTION 4 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 THE COMPANY WEBSITE. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE FOR ANY LOSS, DAMAGE OR CLAIM, INCLUDING FOR BODILY INJURY OR WRONGFUL DEATH, 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.

9. ARBITRATION

In the event a dispute arises between you and the Company arising out of this Limited Warranty (“Dispute”), such Dispute shall be determined and resolved exclusively by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and the Company agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision, and that you and the Company 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.

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.

10. 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 jurisdiction for any Disputes that you and the Company are not required to arbitrate will be the state and federal courts located in the State of North Carolina, and you and the Company each waive any objection to jurisdiction and venue in such courts.

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.

11. WARRANTOR

Nugget Comfort LLC
200 Business Park Drive
Butner, NC 27509
hq@nuggetcomfort.com 

Updated May 1, 2024