1. SERVICE TERM. The term of service for each client is represented here, their agreement with Red Oak Sanitation. Contracted clients must see their specific agreement and subscription clients are contracted under these terms on a monthly, or payment term, basis.  All clients must read the following Terms of Service.  By making payment, you agree to these Terms of Service.  
  2. SERVICES RENDERED. Client grant Red Oak Sanitation Inc. (Service Provider) the right to collect and dispose of their residential waste materials and agrees to make by draft the monthly payments, from a single account. Service Provider agrees to furnish such services and equipment specified in accordance with the terms of this Agreement. Service Provider has parameters and conditions of the waste which can be disposed of each weekly pick up. They are as follows:
    1. All carts must be curbside the night before the service day. Curbside means each cart must be placed within three (3) feet of the curb, (3) feet from mailbox or other structures, with one (1) foot, or more, separating each cart.  Cart handles should be facing the house with the Recycling Cart to the left of the Trash Cart.
    2. Trash: only trash that fits in the one ninety-five (95) gallon cart supplied or permitted by Service Provider. Any additional needs will require an additional cart.
    3. All waste must be bagged and inside the proper cart with the lid closed. This includes all cardboard, and yard waste. Packing Peanuts and loose trash must be bagged, and bags tied off, sealed, to prevent trash from blowing all over the community and placed in the cart to be removed.  Any debris that falls from the process is the responsibility of the homeowner that did not properly bag and prepare their waste for collection.
    4. Recycling: the one ninety-five (95) gallon cart supplied or permitted by Service Provider and all recycling material must meet the recycling guidelines and must fit in the recycling cart. Resident must sign up or in some cases register for recycling service to receive the cart and service.
    5. Recycling accepted: plastics one and two (1&2), paper (including newspaper, magazines, office paper, envelopes), carton board (cereal boxes, shoe boxes), cardboard, tin, and aluminum cans. Remove all lids and rinse all containers. Styrofoam and glass are not accepted. Please refer to the Recycling list.
    6. Cardboard Boxes: All boxes must be broken down, cut up and bagged and placed inside the waste cart. Boxes outside the carts will not be removed.
    7. Move In Box Program: This service must be ordered, prepaid, and completed within 30 days of moving into the new address. Contact Customer Service for current service terms and rates.  All boxes must be empty, and each box broken down completely flat.  Boxes must be bundled, no more than twenty (20) boxes per bundle and bundles must be duct taped.  Up to four (4) bundles will be accepted per pickup.  Boxes must be placed curbside.  All packing material must be bagged and in the trash cart. 
    8. Yard waste: If serviced in your area, all yard waste must be in the trash cart provided. Any yard waste sitting outside the cart will be left.  Any yard waste placed in the recycling cart will be left until the resident removes the yard waste and cleans the cart.  Large branches & limbs cannot exceed three (3) inches in diameter or two (2) feet in length. Extra trash carts may be ordered.  Yard waste consists of grass clippings, weeds, leaves, pine straw, and light tree prunings.  For larger yard waste projects contact Customer Service for Pink Bag Service.
    9. Service Provider will not take any construction debris, rock, concrete, brick, block, dirt, sod, mulch, railroad ties, paint, oil, logs, stumps, trees, or brush mixed in with MSW. Red Oak does not provide tree or brush removal service with MSW removal. Call for Pink Bag Service options for these service needs.  Red Oak is not responsible for any road stains or damage, as a result of a resident putting contaminates inside the waste stream. 
    10. Residents are responsible for properly disposing of all environmental contaminates.
    11. Bulk item removal service is available. Resident must call in the item for pricing and to schedule the removal.  For larger projects and clean ups, call to order Red Oak’s Pink Bag Service.
    12. Common area disposal is offered, call Customer Service for assistance. No yard waste, construction debris, or construction material as well as trash outside of the carts will be taken.  If residents use common area trash carts for their overflow trash, Red Oak reserves the right to discontinue the service at the common area or increase the common area cart cost.  All carts must be curbside the night before service day.  Missing carts are charged back to the HOA at $125 per cart.
    13. From time-to-time equipment will have mechanical issues and as a result leaks may occur. If this happens such leaks must be reported within 24 hours for remediation, otherwise the material will have already absorbed into the asphalt to blend with the oils of the road.  These stains will dissipate with warm ground temperatures and time.  If the material that has dripped from the truck is due to wet trash, this will dissipate with rain and is not harmful.
    14. Residents are to call or text the main customer service line for service: 678-455-7819.
  3. WASTE MATERIAL. Client represents and warrants that the materials placed in the equipment shall be “waste material” as defined herein and shall contain no other substances. The term “waste material” as used in these Terms and Condition shall mean solid waste generated by Client excluding radioactive, volatile, highly flammable, explosive, biomedical, infectious, toxic, or hazardous material. The term “hazardous material” shall include but not limited to any amount of waste listed or characterized as hazardous by the United States Environmental Protection Agency or any state agency pursuant to the Resource Conservation and Recovery Act of 1976 as amended or applicable state laws, such as the Georgia Comprehensive Solid Waste Management Act 1990. Contractor shall acquire title to the waste material when it is loaded into Contractors trucks. Title to and liability for any waste excluded above shall remain with Client and Client expressly agrees to defend, indemnify, and hold harmless Contractor from and against any and all damages, penalties, fines and liabilities resulting from or arising out of such waste excluded above.
    1. RESPONSIBILITY: The equipment furnished hereunder by Service Provider shall remain the property of Service Provider, however, Clients acknowledge that it has care custody and control of the equipment while at their location and accepts full responsibility, financial or otherwise, for all stolen, lost, taken, loss or damage to the equipment (except for normal wear and tear or for loss or damage resulting from Contractor’s handling of the equipment) and for its contents. Client agrees not to overload (by weight or volume) move or alter the equipment only for its proper and intended purpose. Client agrees to indemnify, defend, and hold harmless Service Provider, against all claims, damages, suits, penalties, fines, and liabilities for damages, injury or death to persons or loss or damage to property arising out of Clients use, operation, interference or possession of the equipment
    2. ACCESS: Clients agree to provide unobstructed access for the equipment on the scheduled collection day. If the equipment or Client is inaccessible so that the regularly scheduled pick up cannot be made, Service Provider will promptly notify the Client and afford the Client’s reasonable opportunity to provide the required access; however, Contractor reserves the right to charge any additional fee for any additional collection service required by Client’s failure to provide such access
    3. DEFINITION: The word “EQUIPMENT” as used in these Terms and Conditions shall mean, but is not limited to, all trucks, chippers, vehicles, tools, containers, carts, buckets, cans, bags or bins used for the municipal solid waste removal, yard waste, and recycling or any other material.
    4. EXCUSED PERFORMANCE: Neither party hereto shall be liable for its failure to perform or delay in performance hereunder due to contingencies beyond its reasonable control, whether or not foreseeable, including, but not limited to, severe weather, strikes, labor disputes or issues of any kind, riots, imposition of laws or government orders, fires, acts of war or terrorism, acts of God, pandemic related labor issues, or the inability to obtain equipment and the affected party shall be excused from performance during the occurrence of such events and such failure shall not constitute a Default under Agreement
    1. Client shall pay Service Provider, on a monthly basis in advance, for the collection and disposal of household waste the total sum due for monthly services. Client shall make payment by the first (1st) business day of each month the total due.  Any additional equipment or services shall be charged at that time, and also due by the first (1st) business day of the month. 
    2. A processing fee of $.50 will be assessed for every debit or credit card payment processed for subscription clients paying under $50 per month and a 3% fee for those paying $50 or more per month. Those that use ACH for their payment processing will not incur a fee for this service.
    3. Past due invoices will incur a late fee and may experience services interrupted until payment is made in full.
    4. Accounts 15 days past due will be placed on stop service, and if in collections the Client is financially responsible for all reasonable collection fees, attorney fees, filing fees, court costs and all other fees associated with the collection process.
    5. Clients wishing to cancel their service, must call the office and speak to a Client Services Representative or a Manager of Red Oak. Voice messages, emails, text messages, mailed notes on invoices or letters will not be accepted.  Client and the Red Oak Representative will need to see the terms and conditions of any written agreement that may exist.  If there is no written agreement, Clients will be released from the monthly service agreement at the end of the month. 
    6. Due to the volatility of the oil markets. Contractor reserves the right to initiate a fuel/environmental charge to offset oil market changes if diesel reaches or exceeds $3.00 per gallon.  This charge helps contractor keep up with the changing costs of fuel and provides the stability needed to continue to maintain the high level of service our clients expect and deserve. Fuel/environmental charges are common in the transportation industry and are charged in the waste industry, trucking and shipping industries, as well as, by the national airline carriers.  This fuel/environmental charge is not a tax or surcharge imposed by or remitted to any governmental or regulatory agency; it is the contractors charge.