RD2 Waste Cart (Small – 48 Gal. / 180 L.) Rental

Herby Curby Ltd. – Terms and Conditions (Effective April 1 2026)

We are updating the terms and conditions of our policies effective April 1, 2026.

1. General

These Terms and Conditions govern all transactions between Herby Curby Ltd. (“Herby Curby”) and its customers, including the purchase, rental, repair, and warranty of roll carts and related products. By proceeding with a purchase, rental, or repair service, the customer agrees to be bound by these terms.

2. Cart Sales

2.1 Return Policy

Herby Curby accepts returns within 14 days of the date of delivery or pickup, subject to the following conditions:

The cart must be in new condition and suitable for resale.
No name, address, or other identifying information may have been added to the cart.
Upon receiving a return request, Herby Curby will inspect the cart at the time of pickup to determine whether return conditions are met.
If identifying information has been added to the cart but the cart is otherwise in new condition, Herby Curby may, at its discretion, accept the return subject to a $40.00 restocking fee plus applicable taxes.
This return policy does not apply to warranty claims.

3. Repairs

3.1 Repair Service

Herby Curby offers on-site repair service at a service call fee of $24.95, plus the cost of parts and applicable taxes.

3.2 Parts Availability

Herby Curby currently stocks parts for Toter products and IPL Omni carts. Customers who purchased their cart from Herby Curby are encouraged to have the cart’s serial number available when requesting service, as this assists in identifying required parts. Herby Curby may also be able to service carts purchased elsewhere, subject to the customer providing photographic documentation of the cart.

Parts may be ordered and picked up during regular business hours, Monday through Friday.

3.3 In-Shop Repair

In-shop repair is available by prior arrangement only and is limited to carts sold by Herby Curby. Customers should expect to leave the cart for one to two business days. If a cart is damaged while in Herby Curby’s possession for in-shop repair, Herby Curby will replace it at no cost to the customer.

3.4 Rental Cart Repairs

Customers renting carts from Herby Curby are entitled to general repairs as part of their rental agreement. Customers must contact Herby Curby and provide the cart’s serial number and a description of the issue requiring repair.

4. Warranty

4.1 Herby Curby Warranty Coverage

Roll carts purchased from Herby Curby come with a manufacturer’s warranty. Warranty periods vary depending on the date of purchase. Customers who do not have their original warranty documentation may contact Herby Curby to confirm warranty status. The cart’s serial number will be required. Warranty covers the roll cart under normal use for which it is intended. The following conditions are expressly excluded from warranty coverage:

• Damage caused by animals
• Damage due to fire
• Damage resulting from exceeding the cart’s stated load capacity
• Damage caused by waste and recycling collection services
• Damage caused by vehicles striking or running over the cart

4.2 Toter Limited Manufacturer’s Warranty

Toter carts sold by Herby Curby are subject to Toter LLC’s Manufacturer’s Limited Warranty, effective January 25, 2016, as summarized below. The complete warranty document is available at www.toter.com. In the event of any conflict between this summary and the complete warranty documentation, the complete warranty shall govern.

Coverage Period:

Rotomolded container body: 12 years from the date of original purchase
All other components: 10 years from the date of original purchase

This warranty applies to containers manufactured and sold by Toter or by a Toter-authorized distributor, to the original purchaser, for normal and intended use against operational failure caused by defective material or workmanship. Parts determined to be defective under this warranty will be repaired or replaced at Toter’s option. Repaired or replaced parts are warranted for the balance of the original warranty period only. Repair or replacement is the sole remedy available under this warranty. This warranty is non-transferable.

Excluded from Coverage — Normal Wear and Tear:

• Scratches resulting from normal use
• Accumulation of dirt or other substances
• Normal deterioration during service
• Normal discolouration due to atmospheric exposure

Excluded from Coverage — Damage and Alterations:

• Alteration of the original design, functionality, or structural integrity of the container
• Cuts or scores from any source
• Extraordinary impacts, including being struck by a vehicle
• Burns, scorches, melting, or damage from excessive heat
• Improper handling, including forcing the cart through narrow openings, abrasion from excessive dragging, or cracks from improper handling or dumping
• Damage from automated or semi-automated lifting equipment, including scratches, creases, cracks, or breaks from maladjusted, incorrectly operated, or improper equipment, or lift or down cycle speeds exceeding ANSI specifications
• Exposure to solvents, petrochemicals, paints, acids, or other chemical substances damaging to plastic or metal components
• Failure to follow instructions imprinted on cart components, including exceeding stated maximum load ratings
• Damage caused by rodents

Limitation of Liability: Toter LLC shall not be liable for incidental, special, punitive, liquidated, or consequential damages, loss of product or time, delay in performance, or claims of the purchaser’s customers.

4.3 IPL Omni Limited Manufacturer’s Warranty

IPL Omni carts sold by Herby Curby are subject to IPL’s manufacturer’s limited warranty, as summarized below.

Coverage Period:

10 years from the date of original purchase

For complete warranty terms, exclusions, and conditions applicable to IPL Omni carts, customers should contact IPL directly at ipl-plastics.com. Herby Curby will assist customers in facilitating warranty claims on IPL products purchased through Herby Curby.

4.4 Duralatch Installation

Duralatch installation is available through Herby Curby for all carts. Current installation pricing is published at herbycurby.com and is subject to change.

Duralatches must be installed by Herby Curby. Any attempt by the customer to install a Duralatch independently will void the manufacturer’s warranty on the cart. Herby Curby accepts no liability for damage resulting from customer-attempted Duralatch installation.

5. Cart Rentals

5.1 Rental Rates

Current rental rates are published at herbycurby.com. Rental rates are locked at the rate in effect at the time of the original rental agreement for the duration of continuous enrollment in the program.

5.2 Administration and Setup Fee

A one-time administration and setup fee of $30.00 per cart rented, plus applicable taxes, applies to all new rental agreements. This fee is refundable only if the customer cancels the rental before the cart has been delivered. Once delivered, the setup fee is non-refundable.

5.3 Rental Term

All cart rentals are for a specific term beginning on the date of the first rental charge and ending on the last day of the month of the final rental charge. Rental charges commence on the first day of the month following delivery. Herby Curby does not charge for partial months prior to the start of the rental term.

5.4 Cancellation Prior to End of Initial Term

The customer may cancel the rental agreement without penalty if written notice is provided within 5 business days of the rental application and the cart has not yet been delivered. Once the cart has been delivered, the rental agreement cannot be cancelled before the end of the initial rental term. The customer remains responsible for all rental payments for any remaining months within the initial term. Herby Curby will arrange cart pickup at the customer’s location upon cancellation.

5.5 Automatic Renewal

Upon expiry of the initial rental term, the agreement automatically renews on a month-to-month basis at the same rental rate. The customer must provide a minimum of 30 days advance written notice to cancel. Rent is due for the full calendar month following notice of cancellation. For example, notice given in January results in termination on the last day of February, with rental charges applied through February.

5.6 Cart Condition Upon Return

All rental carts must be returned in clean condition and free of refuse. A cleaning fee of $65.00 plus applicable taxes applies if the cart is not empty and clean upon return. The customer will be charged for any damage not attributable to normal wear and tear that was not previously reported to Herby Curby.

5.7 Payments

Customers must maintain an active pre-authorized bank withdrawal (PAD) or pre-authorized credit card on file at all times. Pursuant to the terms of this Agreement, failure to maintain such payment method in good standing shall result in an administrative fee of $20.00 being assessed to the Customer’s account. This fee is in addition to any rental amounts owing and does not operate as a waiver of Herby Curby Ltd.’s right to pursue outstanding balances by any means available under this Agreement or applicable law. Payments are due on the first day of each month. An administration fee applies to any dishonoured payments. The customer authorizes Herby Curby to process any outstanding charges — including fees related to unreturned carts, cleaning, or administration — using the pre-authorized payment method on file. A $5.00 administration fee will be applied to any dishonoured payments.

5.8 Default

An account is considered to be in default when it is 30 or more days in arrears. Herby Curby reserves the right to enforce all remedies available under this agreement upon default.

Effective April 1, 2026, any account referred to a third-party collections agency shall be subject to a flat administrative fee of $50.00, which will be added to the outstanding balance owing at the time of referral. This fee applies prospectively only and shall not be applied retroactively to accounts that were past due prior to April 1, 2026.

5.9 Cart Not Returned

If a rental cart is not returned at the end of the rental agreement, the customer will be charged the current retail price of the cart.

5.10 Stolen Cart

The customer must report any cart theft to their local police service and provide Herby Curby with the corresponding police report number. A deductible based on the age of the cart applies for each theft occurrence. The customer is expected to take reasonable measures to prevent theft. Herby Curby reserves the right to discontinue rental services where theft becomes excessive. The customer remains responsible for all rental payments due under the initial rental term regardless of theft.

5.11 Maintenance and Repairs — Rental Carts

Rental agreements include a full-service guarantee covering items under the manufacturer’s warranty. If a rental cart requires repair, Herby Curby will repair or replace it at no cost to the customer, provided the repair falls within manufacturer’s warranty coverage. The customer is responsible for the cost of repairs not covered by the manufacturer’s warranty. Damage caused by third parties remains the customer’s responsibility, with recourse to be pursued by the customer against the responsible third party. This includes broken lids due to mishandling and damage to the cart body or components. Damage caused by animals or rodents is not covered under the manufacturer’s warranty. If a third party offers to replace a damaged rental cart with a non-Herby Curby product, the customer remains responsible for the Herby Curby cart, all remaining rental payments under the initial term, and the current retail price of the cart.

5.12 Moving

Rental carts remain the property of Herby Curby at all times. The customer must notify Herby Curby of any change of address. Carts may be moved within Essex County at the customer’s expense. If the customer moves outside of Essex County, the cart must be returned to Herby Curby. The customer remains responsible for all rental payments through the end of the rental term regardless of relocation. Failure to notify Herby Curby of a move may result in the customer being charged the retail price of the cart.

5.13 Ownership and Relocation of Rental Equipment

All roll carts supplied under this Agreement remain the sole property of Herby Curby Ltd. at all times and shall not be construed as transferred to the Customer by virtue of possession or use.

The Customer shall provide written notice to Herby Curby Ltd. of any change to the service address within a reasonable period prior to such change taking effect. Responsibility for the transportation of rental equipment to a new address within Essex County rests solely with the Customer.

In the event the Customer relocates outside the boundaries of Essex County, the Customer is obligated to return all rental equipment to Herby Curby Ltd. prior to or upon the date of relocation. Relocation of rental equipment beyond Essex County without prior written authorization from Herby Curby Ltd. constitutes a breach of this Agreement.

The Customer’s obligation to remit all rental fees shall continue in full force and effect through the conclusion of the applicable rental term, notwithstanding any change of address or relocation of the Customer during said term.

Failure to provide timely notice of a change of address, or failure to return rental equipment upon relocation outside Essex County, shall entitle Herby Curby Ltd. to invoice the Customer for the full retail replacement value of the unreturned equipment, in addition to any outstanding rental fees owed under this Agreement.

5.14 Cart Condition at Time of Pickup

All rental carts scheduled for pickup must be empty and free of refuse at the time of collection. If a cart contains refuse or is not empty upon the driver’s arrival, Herby Curby Ltd. reserves the right to decline collection and the full retail amount will be charged to the customer’s account until the bin is returned. The $65.00 cleaning fee outlined in Section 5.6 will also apply where the cart requires cleaning. Herby Curby Ltd. assumes no liability for delays in cart retrieval resulting from the customer’s failure to empty the cart prior to the scheduled pickup date.

6. Sales Tax

All charges and fees subject to GST/HST will be adjusted automatically in response to changes in applicable tax rates.

7. Pricing

Prices are subject to change without notice. Current rates are available at herbycurby.com. Rental rates for existing customers remain locked at the original rate for the duration of continuous program enrollment.

8. Limitation of Liability

To the maximum extent permitted by applicable law, Herby Curby’s total liability to a customer for any claim arising out of or in connection with these Terms and Conditions — whether in contract, tort, or otherwise — shall not exceed the total amount paid by the customer to Herby Curby in the 12 months immediately preceding the event giving rise to the claim.

Herby Curby shall not be liable for any indirect, special, consequential, incidental, or punitive damages, including loss of revenue, loss of data, or loss of use, regardless of whether Herby Curby has been advised of the possibility of such damages.

Nothing in this section limits or excludes Herby Curby’s liability for damages resulting from gross negligence or intentional misconduct.

9. Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of the Province of Ontario and the applicable laws of Canada. The customer agrees that any legal proceedings arising out of or in connection with these terms shall be conducted in the courts of the Province of Ontario.

10. Dispute Resolution

In the event of a dispute arising out of or relating to these Terms and Conditions, the parties agree to the following process:

Negotiation. Either party may initiate resolution by providing written notice to the other party describing the nature of the dispute. The parties will make a good-faith effort to resolve the matter through direct negotiation within 30 days of such notice.
Mediation. If negotiation is unsuccessful, either party may refer the matter to mediation through a recognized Ontario mediation service. The costs of mediation will be shared equally between the parties.
Litigation. If mediation does not resolve the dispute, either party may pursue the matter through the courts of the Province of Ontario.

11. Privacy and Personal Information

Herby Curby Ltd. is committed to protecting the personal information of its customers in accordance with the Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial privacy legislation. Personal information collected by Herby Curby — including names, addresses, and payment information — is collected only for the purposes of processing transactions, administering rental agreements, providing customer service, and fulfilling legal obligations. Herby Curby will not sell, trade, or disclose customer personal information to third parties except as required to complete transactions (such as processing pre-authorized payments) or as required by law.

Customers have the right to access their personal information held by Herby Curby and to request corrections where information is inaccurate. Requests may be directed to Herby Curby at the contact information published at herbycurby.com. Pre-authorized payment information is collected and stored securely. By providing pre-authorized payment authorization, the customer consents to the collection and use of their banking or credit card information for the purposes outlined in these Terms and Conditions.

12. Acceptance of Agreement

You agree to the terms and conditions outlined in this Terms and Conditions of use Agreement (“Agreement”) with respect to our site (the “Site”). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time and from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.

13. Copyright

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as permitted by applicable law, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.

14. Fraud

By proceeding with a transaction, you confirm that the information provided is true and that you agree to abide by these Terms and Conditions. Please note that your account may be cancelled without notice if it is determined that false or misleading information has been provided, these Terms and Conditions have been violated, or other abuses have occurred as determined by Herby Curby in its sole discretion. If an account has been cancelled, Herby Curby reserves the right to refuse future service.

15. Limited Right to Use

The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).

16. Editing, Deleting and Modification

We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site, including this Agreement, without further notice to users of the Site.

17. Indemnification

You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.

18. Nontransferable

Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable and may only be used by you.

19. Disclaimer

The information from or through the site are provided “As-is,” “As available,” and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). The information and services may contain bugs, errors, problems or other limitations. We and our affiliated parties have no liability whatsoever for your use of any information or service. In particular, but not as a limitation, we and our affiliated parties are not liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The negation of damages set forth above are fundamental elements of the basis of the bargain between us. This site and the information would not be provided without such limitations. No advice or information, whether oral or written, obtained by you from us through the site shall create any warranty, representation or guarantee not expressly stated in this agreement.

20. Limits

All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. Our maximum liability to you under all circumstances will be equal to the purchase price you pay for any goods, services or information.

21. Use of Information

We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.

22. Privacy Policy

Our Privacy Policy, as it may change from time to time, is a part of this Agreement.

23. Payments

You represent and warrant that if you are purchasing something from Herby Curby Ltd. that (i) any credit card information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes.

24. Submissions

All suggestions, ideas, notes, concepts and other information you may from time to time send to us (collectively, “Submissions”) shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.

25. Verify Customer’s Information

Herby Curby reserves the right to contact a customer via email to verify the accuracy of account information (including the customer’s correct name and address) as needed to fulfill service requests. Customer emails may be automatically subscribed upon checkout to company newsletters with an option to opt out at any time.

By proceeding with a purchase, rental, or repair service with Herby Curby Ltd., the customer acknowledges that they have read, understood, and agree to be bound by these Terms and Conditions.

You have authorized us to process any and all rates and fees as specified above using one of the payment options:

Pre-authorized bank withdrawal (PAD)
You may revoke your authorization at any time by providing written notice to Herby Curby Ltd. This notification must be received ten (10) business days before the next scheduled payment. A sample cancellation form may be obtained from your financial institution or online at www.payments.ca.

You have certain recourse rights if any debit does not comply with this agreement. For example, you have the right to receive reimbursement for any debit that is not authorized or is not consistent with this PAD Agreement. To obtain more information on your recourse rights contact your financial institution or visit www.payments.ca.

Credit card – Visa or MasterCard
You may revoke your authorization at any time by providing written notice to Herby Curby Ltd. at the address indicated above. This notification or any changes to the credit card information must be received ten (10) business days before the next scheduled payment.