Large Waste Cart (95 Gal. / 360 L.) Rental

Herby Curby Ltd. Rental Program – Terms and Conditions (Effective April 1, 2025)

We are updating the terms and conditions of our cart rental policies effective April 1, 2025. These policies apply to rentals on or after this date. Existing cart rental rates will remain unchanged, but other fees and charges may be subject to updates.

Rental Rates

• Please refer to the website for current rates.

Administration and Setup Fee

• A fee of $30.00 per cart rented, plus applicable taxes, applies.
• Customer can cancel the rental and obtain a refund of this fee provided the cart has not been delivered.
• Once delivered, the setup fee is non-refundable.

Rental Term

• All cart rentals are for a specific term, starting on the date of the first rental charge and ending on the last day of the month of the final rental charge.
• Rental charges start on the first of the month following delivery. We do not charge for partial months before the start of the rental.

Cancellation Prior to End of Initial Term

• Customer can cancel this agreement if notification is given within 5 business days of the rental application and the cart has not been delivered.
• Once the cart is delivered, the rental agreement cannot be canceled before the end of the initial rental term selected.
• Customer is responsible for all rental payments for any remaining months.
• Herby Curby Ltd. will arrange cart pickup at the customer’s location upon cancellation.

Automatic Renewal

• After the initial term, the rental automatically renews on a month-to-month basis at the same rate.
• Customer must provide 30 days’ advance notice to cancel.
• Rent is due for the full month following cancellation notice. For example, if notice is given in January, the rental will terminate on the last day of February, and rent will be charged through February.

Cart Condition Upon Return

• All rental carts must be returned in clean condition and free of refuse.
• A $50.00 cleaning fee applies if the cart is not empty or clean upon return.
• Customer will be charged for any unreported damage that is not considered to be due to normal wear and tear.

Payments

• Customer must provide payment via pre-authorized bank withdrawal (PAD) or pre-authorized credit card.
• Failure to maintain a pre-authorized payment method will result in a $5.00 per payment administration fee.
• Payments are due on the first of each month.
• An administration fee applies to any dishonored payments.
• Customer authorizes Herby Curby Ltd. to process any outstanding charges (e.g., unreturned carts, cleaning fees, administration fees) using the pre-authorized payment method.

Default

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

Cart Not Returned

• Customer will be charged the regular retail price of the cart if it is not returned at the end of the rental.

Stolen Cart

• Customer must report theft to their local police and provide Herby Curby Ltd. with the police report number.
• A deductible based on the age of the cart applies for each occurrence.
• Customer should take adequate measures to prevent theft. Herby Curby Ltd. reserves the right to discontinue rental services if theft becomes excessive.
• Customer remains responsible for any remaining rental payments under the initial rental term.

Maintenance of Cart

• Rentals include a full-service guarantee, which covers items under the manufacturer’s warranty.
• If the cart breaks, Herby Curby Ltd. will repair or replace it at no cost to the customer.
• Customer is responsible for the cost of all repairs not covered by the manufacturer’s warranty. If the cart is damaged by a third party, it is the customer’s responsibility to pursue reimbursement from the third party. This includes a broken lid due to mishandling or damage to the cart body and components.
• Damages caused by animals and rodents are not covered under the manufacturer’s warranty.
• If a third party offers to replace a damaged cart with a non-Herby Curby Ltd. product, the customer is still responsible for Herby Curby Ltd.’s cart and any remaining rental payments, as well as the cost of the cart based on the current retail price.

Sales Taxes

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

Moving

• Rental carts remain the property of Herby Curby Ltd.
• Customer must notify Herby Curby Ltd. of any address changes.
• Carts may be moved within Essex County, and the customer is responsible for transporting them.
• If moving outside Essex County, the cart must be returned.
• Customer remains responsible for all rental payments through the end of the rental term, regardless of moving locations.
• Failure to notify Herby Curby Ltd. of a move may result in the customer being charged the retail price of the cart.

Pricing

• Prices are subject to change without notice.
• Visit HerbyCurby.com for current rental rates.
• Rental rates remain locked at the original rate as long as the customer remains in the program.

By proceeding with the rental, the customer agrees to the above 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.