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Warranty

 

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 (the “Nugget Fabric”) used in the Nugget Cover Sets and in The Nugget Couch 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 supervised play. 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 on or after September 20, 2021.  All Nugget warranties, including any implied warranties, are valid only for the period of time the Nugget Fabric is 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 Fabric for commercial or rental purposes. Proof of purchase, including the applicable order number, is required for all claims under this Limited Warranty.

C. Nugget's Limited Warranty and Responsibilities

Nugget warrants that for the two (2) year 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 as set forth below (“Defect(s)”), when such Nugget Fabric is used in a manner consistent with the intended design and function as described in this Limited Warranty.

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 IN THE NUGGET FABRIC:

  • 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.
  • Handle rips or tears due to normal and ordinary usage of the product.
  • Looped threads.

THIS LIMITED WARRANTY DOES NOT COVER THE FOLLOWING:

  • The Nugget Couch that has been left in its box confines for longer than 8 weeks 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.
  • 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 one (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 or defects 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) excessive wear and tear; or (ix) external causes such as accidents, abuse, or other actions or events beyond our reasonable control.
  • ALL NOVELTY PRODUCTS SUCH AS THE MINI NUGGET AND THE CHICKEN NUGGET NUGGET AND ALL FREE AND PROMOTIONAL PRODUCTS, AND ANY OTHER NUGGET PRODUCTS SOLD OR PROVIDED BY NUGGET, WHICH ARE SUBJECT TO WRITTEN TERMS AND/OR RULES WHICH EXPLICITLY EXCLUDE A WARRANTY.

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 defective product (or part) with products, parts and/or components that are similar to the defective product and of similar 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 and/or style different from the parts you originally purchased. For limited/special edition, discontinued or out-of-stock Nugget products covered under this 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 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 order unless you provide us with an updated address.

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 the Contact Form, which can be found at https://nuggetcomfort.com/pages/contact-us (the “Contact Form”), 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 submitted through the Contact Form.

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, THE 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 (OR VALUE OF) THE NUGGET FABRIC 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.

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.

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.

I. Warrantor

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

 

Nugget Foam 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 (the “Nugget Foam”) used in The Nugget Couch sold by Nugget Comfort LLC (“Nugget” or “we”) that is purchased directly from www.nuggetcomfort.com. The Nugget Foam is designed to be used exclusively indoors and intended for supervised play. This Warranty does not cover your Nugget Foam 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. The “original purchaser,” for the purposes of this Limited Warranty, is the first purchaser of the Nugget Foam purchased directly from www.nuggetcomfort.com on or after September 20, 2021. All Nugget warranties, including any implied warranties, are valid only for the period of time the Nugget Foam is 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 Foam for commercial or rental purposes. Proof of purchase, including the applicable order number, is required for all claims under this Limited Warranty.

C. Nugget's Limited Warranty and Responsibilities

Nugget warrants that for the two (2) year period from the date of delivery (the “Warranty Period”) of any Nugget Foam in its original packaging sold to you, such Nugget Foam will be free from defects in material and workmanship as set forth below (“Defect(s)”), when such Nugget Foam is used in a manner consistent with the intended design and function as described in this Limited Warranty.

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 IN THE NUGGET FOAM:

  • Abnormal foam compression continuing for more than two (2) weeks after delivery, and which 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 8 weeks as established by your delivery receipt.
  • Normal discoloration.
  • Normal off-gassing.
  • Foam differences 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 one (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 or defects 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) excessive wear and tear; (ix) ordinary wear, including without limitation, the softening of the foam; or (x) external causes such as accidents, abuse, or other actions or events beyond our reasonable control.
  • ALL NOVELTY PRODUCTS SUCH AS THE MINI NUGGET AND THE CHICKEN NUGGET NUGGET AND ALL FREE AND PROMOTIONAL PRODUCTS, AND ANY OTHER NUGGET PRODUCTS SOLD OR PROVIDED BY NUGGET, WHICH ARE SUBJECT TO WRITTEN TERMS AND/OR RULES WHICH EXPLICITLY EXCLUDE A WARRANTY.

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 defective product (or part) with products, parts and/or components that are similar to the defective product and of similar value to the purchased product, subject to your fulfillment of “Your Responsibilities” below. Replacement parts are subject to availability of inventory and may include different material or part that contains compatible features and functions. Replacement parts will be sent to the original purchaser at the shipping address on file with the order unless you provide us with an updated address.

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 the Contact Form, which can be found at https://nuggetcomfort.com/pages/contact-us (the “Contact Form”), 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 submitted through the Contact Form.

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, THE NUGGET FOAM 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 FOAM 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 (OR VALUE OF) THE NUGGET FOAM 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.

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.

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.

I. Warrantor

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

 

Nugget Liner 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 (the “Nugget Liner”) used in the Nugget Liner Set sold by Nugget Comfort LLC (“Nugget” or “we”) that is purchased directly from www.nuggetcomfort.com. The Nugget Liner is designed to be used exclusively indoors and intended for supervised play. This Warranty does not cover your Nugget Liner 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 Limited Warranty Extends To

This Limited Warranty extends only to the original purchaser of any Nugget Liner. The “original purchaser,” for the purposes of this Limited Warranty, is the first purchaser of the Nugget Liner purchased directly from www.nuggetcomfort.com. All Nugget warranties, including any implied warranties, are valid only for the period of time the Nugget Liner is 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 Liner for commercial or rental purposes. Proof of purchase, including the applicable order number, 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 Liner in its original packaging sold to you, such Nugget Liner will be free from defects in material and workmanship as set forth below (“Defect(s)”), when such Nugget Liner is used in a manner consistent with the intended design and function as described in this Limited Warranty.

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 IN THE NUGGET LINER:

  • 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.

THIS LIMITED WARRANTY DOES NOT COVER THE FOLLOWING:

  • 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, or stains.
  • Internal lining thread runs or normal discoloration.
  • 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 one (1) piece in the Nugget Liner Set and only one component is defective in your Nugget Liner Set, 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 or defects 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) excessive wear and tear; 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 defective product (or part) with products, parts and/or components that are similar to the defective product and of similar value to the purchased product, subject to your fulfillment of “Your Responsibilities” below. Replacement parts are subject to availability of inventory and may include different material or part that contains compatible features and functions. Replacement parts will be sent to the original purchaser at the shipping address on file with the order unless you provide us with an updated address.

    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 the Contact Form, which can be found at https://nuggetcomfort.com/pages/contact-us (the “Contact Form”), 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 submitted through the Contact Form.

    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, THE NUGGET LINER 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 LINER 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 (OR VALUE OF) THE NUGGET LINER 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.

    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.

    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.

    I. Warrantor

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

    Updated November, 2023