Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.


Obvious facts, but worth repeating:

All correspondence/requests must be in written form and submitted via email ([email protected]). Verbal/phone support is not available for customer service and warranty related requests.

*Finished end panels are ALWAYS required to cover the exposed sides of all cabinets sold on our website. Our cabinets do not have integrated finished end panels, so you are going to see screw/construction holes, interior grey melamine finish, etc, unless covered with a separate finished end panel (ordered separately from the cabinet).

**We do not include the knobs and pulls with any of our cabinets, nor do we drill the doors and drawer fronts for knobs or handles. Obtain those locally and drill on site as needed.

***We include all cabinet assembly screws needed to build the cabinets as ordered. We do not include screws for cabinet installation (i.e. screws that attach the cabinets to the wall studs).

****All products, including samples sold on this website represent a close match to what you will receive as a final finished product (they are sprayed and finished in the exact same process). Paints and stains are sprayed by hand which may result in slight variations in color/texture of the product from one batch to another. We do our best to maintain strict color/texture matching, but we do not guarantee an exact match from one piece/batch to another.

****Grain matching (grain running continuously from one door to another as it is cut from the same sheet of laminate) is not available, nor guaranteed under any circumstance. That said, the nature (repetition) of the laminate panels is so consistent that the grain looks suitably consistent from one panel to another in most instances.


Substitutions:

Due to industry-wide hardware and material shortages, some orders may ship without items included. Back-orders will not affect lead time unless materials (e.g. plywood case material) are not available, nor delay shipping of the bulk of your order. We will ship the back-ordered hardware the moment enough stock is available to satiate your order. *Substitutions in hardware/material may be made without notice of similar or better quality replacements. For example, we may substitute Salice soft close hinges (Made in Italy), for Blum soft close hinges (made in USA). Barker Modern is not responsible for costs/delays associated with back-ordered products.


Payment:

Payment for custom cabinet orders must be made when the order is placed via barkermodern.com. In most cases we will authorize the credit card when you place the order, then charge the credit card for the full amount once the order has entered production. Payment terms are non negotiable and are subject to change without notice. Barker Modern sells a fully custom made cabinet product that cannot be recycled nor re-sold to another customer once production starts (i.e. once we start cutting the order, we cannot make changes to, or re-sell already manufactured cabinets/parts).

Lead Time:

Current estimated lead times are shown on the website under the "LEAD TIME" tab. Lead times are "estimates" and never guaranteed under any circumstance. Be aware, you are ordering a custom made product which can vary the estimated lead time for your order greatly depending on your order contents. Status updates may be requested via email at any time (status updates are estimates only). See "LEAD TIME" tab for further terms regarding lead times.

Cancellation:

Orders can be canceled within 24 hours of the order being submitted. Cancellation requests must be emailed to [email protected]. Cancellation requests via phone will not be accepted. After 24 hours, the order cannot be canceled as this is a custom made product (i.e. we cannot re-sell/recycle custom products to other customers).


Changes to orders:

Changes can be made to existing orders at the discretion of Barker Modern within 24 hours of the order being submitted. Requests for changes can must be submitted via email. Phone changes will not be accepted. If changes are approved and made to an existing order, a new order confirmation will be emailed to the customer for documentation of the change. Changes to orders are not considered complete unless the customer has this new order confirmation.


Barker Modern strives for the quickest turnaround time possible by processing and cutting your order almost immediately after it has been submitted. Once the order has been processed and batched, the order cannot be modified, canceled, or added to. This includes combining newer orders with older orders to conserve or reduce shipping costs or other discounts.


Refund/Return Policy:

Barker Modern does not accept returns on custom made products under any circumstance (i.e. you get exactly what was ordered as these custom products cannot be restocked or re sold to another customer).

Refunds are not available for custom made products.


Damage in Shipping:

Please contact Barker Modern if your product arrives damaged. We will work with you to provide a replacement product or repair the existing product in a timely manner. Barker Modern is not responsible for costs/delays associated with damaged products.

*Damage to unseen items is not covered under warranty. This would include back of the cabinet backs, undersides of drawer boxes, back of cabinet case parts that are hidden after the cabinets are installed, etc.

Shortages or Discrepancies:

Please email Barker Modern if there are any shortages in your order, or if anything arrives in a manner that diverges from the original invoice. Replacements will be produced and shipped as quickly as possible. Please note, Barker Modern is not liable for costs/delays associated with missing or damaged products, or for incorrectly received items due to errors in production.


Customer Mistakes:
Mistakes may happen from time to time. Whether a cabinet door is drilled the wrong side for the knobs and pulls, or a simple measuring error requiring a new cabinet to be made. Barker Modern will help correct all errors in a timely manner. Please email customer service as we would be more than happy to help.


Freight Orders:

Most larger orders will be shipped out via freight on single or multiple pallets. Pallets will be encased in a boxed pallet for protection during delivery. The freight carrier will be instructed to call and schedule an appointment for dropping off the order at a convenient time for the customer. When large freight orders are delivered to residential addresses, a lift gate service is required in order to unload the pallet from the delivery truck. The freight and lift gate charges are included in the shipping charge quoted by Barker Modern at checkout. The shipment will be taken off the truck and left on a driveway within 10 ft of the rear of the truck (i.e. curbside delivery). Inside delivery, such as placement into your garage is not included in the cost of shipping or free shipping promotions. Additional services are the sole financial responsibility of the customer. Once the shipment is delivered, it is the responsibility of the customer to protect the order from weather and other elements that may damage the contents (heat, cold, water, blunt force, etc).


Please inspect the shipment for damage prior to accepting delivery of the shipment. If the order looks damaged, please take some pictures immediately. This will help us with the claim process is a part is damaged. Damaged parts will be replaced by Barker Modern in a timely manner. Barker Modern is not responsible for costs/delays associated with missing or damaged products.


Freight Disclaimer:

*Empty pallets and packaging materials such as plywood, cardboard, and foam are to be discarded by the customer at the customer's expense.

**In some cases additional charges may apply due to an inaccessible delivery address, island/rural deliveries inside of the USA (where there is no road to the delivery address), rural, multi-level apartment/condo buildings, deliveries to the city of New York, Florida Keys, and various other obstacles/hard to reach destinations. The customer will be responsible for coordinating and paying for additional services required to deliver the order.

***If an 18-wheeler is unable to deliver to the shipping address (i.e. planned delivery area is too small to get a large truck into), then the customer will be responsible for picking up the freight order from an alternative destination or local freight hub. In addition, some items ordered may be oversized, odd sized, and/or simply not eligible for lift-gate residential curbside delivery. These items may require extra handling fees, or a separate pickup by the customer at the local freight hub. All additional incurred costs associated with oversized/special deliveries are not covered by Barker Cabinets and must be paid for and arranged by the customer.

****Delays in freight and parcel shipping are common due to weather and various other service alerts. Barker is not responsible for shipping delays in any circumstance. Delayed/lost shipments may require additional handling and time for delivery. In some cases additional charges may apply due to an inaccessible delivery address, island/rural deliveries (where there is no road to the delivery address), rural, multi-level apartment/condo buildings, deliveries to the city of New York, and various other obstacles. The customer will be responsible for coordinating and paying for additional services required to deliver the order.

****Refusal (intentional rejection of delivery) or return (purposeful return of the order) of freight/parcel orders to the origin (Barker Modern), will result in additional charges that will be the full responsibility of the customer. Full price (any and all actual costs of additional shipping and handling charges) of shipping will be due to ship the order once again and must be fully paid for by the customer prior to shipment leaving our dock.




Warranty:


Lifetime Limited Warranty:
Barker Cabinets has been making cabinets since 1978. Many of our cabinets are still in use even after 40 years of some serious use and abuse. We rarely, if ever, see a cabinet fail after it has been installed (we test them by tossing them off the top of our building). That said, if after 20 years or so a drawer slide or hinge wears out, then send us an email and we will take care of shipping out a new set. Just be sure to send us a picture of your project so we can revel in the glory of a past project :)

FIVE-YEAR LIMITED CABINETRY WARRANTY:

Cabinets manufactured by Barker Modern are warranted to be free from defects in material and workmanship under normal use to the original consumer purchaser for a period of five (5) years from the date of purchase. This warranty is not transferable to subsequent owners. These doors will perform well in a variety of conditions if properly stored, handled, and installed. All wood products are designed and intended for controlled interior applications only. Any solid wood, MDF, or particle board core product will respond adversely to extreme conditions–especially extremely low or high humidity conditions. Please be aware that wood expands and contracts. With painted cabinetry, this natural process will create open joints in the painted finish. An open joint line is not considered a defect and it is widely accepted in the kitchen cabinet industry. Some people think joint lines actually add to the appeal of painted cabinets. The finish will still protect the surface, and the structural integrity of the joint will not be affected. These issues are shared by every manufacturer of painted all wood cabinets, and are not unique to Barker Modern. Wood may expand and contract differently from cabinet to cabinet. Even joints within the same cabinet may behave differently. Some joined wood may not show any joint lines, others may be slightly visible, while others may display easily visible joint lines. Joint lines also may occur due to the repeated impacts from normal everyday use. An exposed open wood joint can be damaged from prolonged exposure to water or heavy moisture. Therefore, wipe off any excess moisture from cabinet surfaces as soon as possible. Discoloration: All Paints and laminate products, especially lighter colors, are susceptible to discoloration due to airborne particles such as cooking, grilling, tobacco smoke, fireplaces or candles. Prolonged exposure to natural or artificial light may alter the finish color. Moisture may also discolor the finish. Exceptions to the limited warranty Doors, finished end panels, cabinet parts, etc over 24" wide and/or 60" tall are not warrantied against damage in shipping, warping, or bowing. Doors that are warped at or less than 1/4" will be considered acceptable and is not covered under this limited warranty. Drawer fronts over 33" wide will not be covered under this limited warranty. LIFETIME LIMITED

Cabinet case alignment/defects/wood defects/damage

Cabinet cases are grey melamine over plywood core (with MDF crossbands just under the melamine veneer). Case material is grey melamine, small blemishes are to expected and can be sustained during delivery and unloading. Damage to the backside/exterior/non-seen areas of the cabinet case is not covered under warranty (i.e. the damage would be hidden after install. Use a finished end panel to cover exposed cabinet sides, as is our standard. As always, we recommend ordering a sample cabinet (we keep these in stock for immediate shipping) prior to placing your main order.

Cabinet case parts are CNC machined/drilled, but may be off in alignment at times. Please remember that all parts are custom cut and machined to the sizes and specs needed to construct your custom cabinet case. Machining tolerances are +/- 1/8" in most instances. Some CNC drilled holes may be off target by as much as 1/4" due to part size (too large or too small to remain stable on CNC hold down clamps). This variance is to be expected and not covered under warranty under any circumstances. Customer is to make adjustments using a mallet or slightly backing/loosening screws out of holes, adjusting alignment, then re tightening the screws as needed.

Damage to cabinets parts are covered under warranty so long as the damage would be seen once the cabinet has been installed. Damage to cabinet parts would be as follows:

*Defects larger than 1" in length or diameter will qualify for warranty/replacement

**Barker reserves the right approve or deny warranty/damage claims in all cases

***Remakes are not redeemable for monetary refunds. Remakes have no cash value and are available only for the original product subject to approval by Barker Modern.


Doors, drawer fronts, and drawer box defects/wood defects/damage

Glossy, matte, and textured laminate products are cut and an edge banding is applied over the edges. This handling may result is slight defects of which only the following will be covered under warranty. As always, we highly recommend ordering a sample door prior to placing your main order.

To qualify for warranty replacement we classify defects in the following manner:

Defect- defined as any damage or blemish that exposes the core of the material (e.g. MDF, particle board).

Warning- Solid color laminate doors (e.g. Matte White) come with a protective layer of plastic adhered to the face. Do not remove this protective layer until you have fully completed the installation of your cabinet doors. Premature removal of this protective coating may result in scratching of the doors during installation. Scratching of this nature will not be covered under warranty.


A grade- defined as the face of the cabinet door or face of drawer front

Defects larger than 1/8" in length or diameter will qualify for warranty/replacement. Some "spider web" or slight scratches/marring in the clear-coat, acrylic, or laminate material of the door faces are to be expected and therefore not covered under warranty. Blemishes around and next to the edges of the doors are extremely common on edge banded laminate cabinet doors. There will be a pronounced seam where the banding and the face of the door meet. This seam may be discolored, sharp, or have irregular pitting and possible chipped edges. Only defects that expose the core material on face of the cabinet door (e.g. MDF, particle board core) and are larger than 1/8" in length or diameter, will be covered under warranty.


B grade- defined as the top, bottom, and left/right sides of the cabinet doors and drawer fronts

Defects larger than 1/4" in length or diameter will qualify for warranty/replacement. Some "spider web" or slight scratches/marring/indentation in the clear-coat, acrylic, or laminate veneer of the door sides, top, or bottom, are to be expected and therefore not covered under warranty.

Blemishes around and next to the edges of the doors are extremely common on edge banded laminate cabinet doors. There will be a pronounced seam where the banding and the face of the door meet. Long scratch/blemishes running parallel to the seam where the face and side of door meet are common on edge banded doors (i.e. this is not covered under warranty). This seam may be discolored, sharp, or have irregular pitting and possible chipped edges. Only defects that expose the core material on edges of the cabinet door (e.g. MDF, particle board core) and are larger than 1/4" in length or diameter, will be covered under warranty.


C grade- defined as the back sides of cabinet doors/drawer fronts and all exposed sides of drawer box products (excluding the backside and underside/bottom)

Defects larger than 1/2" in length or diameter will qualify for warranty/replacement. Back sides of the doors may not be a matching laminate material to the face. Examples would include a glossy face and sides of a door and a standard non-glossy melamine back. Sides of cabinet doors/panels are always matched to the the face using a matching edge banding. Each material may have its own variation on the back, so we recommend ordering a sample to view in person.


D grade defined as non-exposed sides of cabinet cases/drawer box/etc products (i.e. underside of drawer box, back of cabinet case, this area is never seen in typical  installations and will not be covered under warranty)

No defect of any size will qualify for warranty/replacement

*Barker reserves the right approve or deny warranty/damage claims in all cases. This includes all A,B,C,D grade defects as listed above.

**Remakes are not redeemable for monetary refunds. Remakes have no cash value and are available only for the original product subject to approval by Barker Modern.


WARRANTY ON DRAWERS, DRAWER GUIDES AND HARDWARE:

All drawers manufactured by Barker Modern are warranted to be free from defects in material and workmanship for 5 years. All drawer guides and hinges are warranted by the manufacturer to be free from defects in material and workmanship for as long as the original consumer purchaser owns the home where installed. These warranties are not transferable to subsequent owners. Barker warranties apply only to product used in single-family, non-rental, non-commercial residences. This warranty does not cover damage from misuse, abuse, neglect, improper storage, defects caused by installation or storage or transportation, moisture or heat-related damage, normal wear and tear, or acts of God. Should defects in material or workmanship exist during this warranty period, Barker will elect at its discretion to either repair or replace free of charge the defective material or component, excluding labor costs.


This warranty covers only parts and materials supplied by Barker Modern, and does not cover costs for removal or installation of counter tops, plumbing fixtures, appliances or related materials, or labor costs. Natural and environmental factors will affect cabinet products over time; therefore, Barker cannot be held responsible for replacement product that may not exactly color-match installed product. Barker periodically updates and makes changes to its product line and specifications. If a warranty claim is filed against obsolete or changed product, Barker will replace the part(s) under warranty with a new part of the same style or with a similar style currently offered. Barker cannot be held responsible for replacement product that may not exactly match installed product.

THIS WARRANTY IS THE EXCLUSIVE WARRANTY OF Barker Modern DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. To submit a warranty claim, the original consumer purchaser must contact Barker Modern.

A copy of the original dated order confirmation (sent to you via email when you placed the order) must be presented as proof of purchase. If additional assistance is needed, please email: [email protected]


Customer is responsible for all shipping costs if seller is not at fault. For any other questions regarding shipping and returns please contact Barker Modern.

Contact Information:
Barker Modern
19355 SW 125th Ct.
Tualatin, OR 97062
Customer Service # 503-476-1050
All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.


Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Barker Modern. The collective work includes works that are licensed to Barker Modern. Copyright 2003, Barker Modern ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Barker Modern or purchasing Barker Modern products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Barker Modern or to purchase Barker Modern products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Barker Modern. You further agree not to change or delete any proprietary notices from materials downloaded from the site.


Trademarks
All trademarks, service marks and trade names of Barker Modern used in the site are trademarks or registered trademarks of Barker Modern


Warranty Disclaimer

This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Barker Modern disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Barker Modern does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Barker Modern does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.



Limitation of Liability
Barker Modern shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Barker Modern has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.


Typographical Errors
In the event that a Barker Modern product is mistakenly listed at an incorrect price, Barker Modern reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Barker Modern reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Barker Modern shall issue a credit to your credit card account in the amount of the incorrect price.


Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Barker Modern without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.


Notice
Barker Modern may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Barker Modern.


Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Barker Modern products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Barker Modern products) must be commenced within one (1) year after the claim or cause of action arises. Barker Modern's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Barker Modern may assign its rights and duties under this Agreement to any party at any time without notice to you.


Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Barker Modern or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.


Participation Disclaimer
Barker Modern does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Barker Modern is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Barker Modern reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Barker Modern in its sole discretion.


Indemnification

You agree to indemnify, defend, and hold harmless Barker Modern, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.


Third-Party Links
In an attempt to provide increased value to our visitors, Barker Modern may link to sites operated by third parties. However, even if the third party is affiliated with Barker Modern, Barker Modern has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Barker Modern. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Barker Modern seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).