Policies

 

Camper Trailer Rental Terms and Conditions

1                Introduction

1.1             Rental Contract

Your contract to hire a Camper Trailer from Oz Satellite Rentals (Rental Contract) comprises:

(a)             the agreement (Rental Agreement) You have signed to hire the Camper Trailer from Us; (b)             the Handover Inspection Report; and (c)              these rental Terms and Conditions (Terms and Conditions),

and together they create binding and enforceable legal obligations.

1.2             Relevant law

The Rental Contract is governed by the laws of Victoria and You agree that courts in that state have non-exclusive jurisdiction to determine any dispute that arises between You and Us.

1.3             Australian Consumer Law

You have consumer rights conferred by the Australian Consumer Law and neither this clause nor any other provision of the Rental Contract excludes, restricts or modifies any implied terms, guarantees or rights You may have under those laws or any other Federal, State or Territory legislation.

1.4             Electronic signatures

We may use electronic signatures as a means of entry into the Rental Contract.  When You insert an electronic signature You consent to the use of this means of acknowledgment and acceptance of these Terms and Conditions and Your obligations under the Rental Contract.

2                Who may tow the Camper Trailer?

⚠️     IMPORTANT NOTICE

A breach of any part of this clause 2 is a Major Breach of the Rental Contract. See clause 13 for further details.

2.1             Authorised Drivers

Only You or an Authorised Driver can tow the Camper Trailer.  Allowing anyone who is not an Authorised Driver to tow the Camper Trailer constitutes a Major Breach of the Rental Contract that excludes You, any Authorised Driver and te unauthorised driver from all entitlement to Damage Cover indemnity under clause 7 of these Terms and Conditions.

2.2             Age limits

There is a minimum and maximum age limit for those renting the Camper Trailer.  You and any Authorised Driver must be at least 25 and not over 75 years of age and have no less than 12 months driving experience, unless We have agreed to a variation of that restriction before the Start of the Rental and it is shown in the Rental Agreement.

2.3             Licence requirements

(a)             You and any Authorised Driver must also have a valid licence to drive the Towing Vehicle which is: (i)               issued in an Australian state or territory or an international licence (with a valid International Driving Permit or an approved translation into English if the licence is not issued in English); and (ii)              not subject to any restriction or condition.  (b)             Learner drivers and provisional and probationary licence holders are not acceptable and must not drive the Towing Vehicle.

2.4             Cancelled and suspended licences

The Towing Vehicle must not be driven:

(a)             whilst Your driver's licence is cancelled or suspended, including as a result of an accumulation of demerit points; or (b)             if Your licence has been cancelled or suspended, within 2 years of the date of the Rental Agreement.

2.5             False information

The Towing Vehicle must never be driven by You or any Authorised Driver who has provided a false or misleading name, age, address or driver's licence.

3                Prohibited Use

⚠️           IMPORTANT NOTICE

A breach of any part of this clause 3 is a Major Breach of the Rental Contract. See clause 13 for further details.

3.1             The Towing Vehicle must not be driven by You or any Authorised Driver:

(a)             whilst intoxicated or under the influence of drugs or alcohol or with a blood alcohol content or level of drugs present in blood, urine or oral fluid that exceeds the limit set by law; (b)             recklessly or dangerously; or (c)              whilst the Camper Trailer is damaged or unsafe.

3.2             You and any Authorised Driver must not:

(a)             fail or refuse to undergo any breath, blood, urine or oral fluid test or drug impairment assessment; (b)             use the Camper Trailer: (i)               for any illegal purpose; (ii)              to move dangerous, hazardous, inflammable goods or substances that pollute or contaminate, in quantities above that used for domestic purposes; (iii)             to carry illegal drugs or substances; (iv)             in connection with the motor trade for experiments, tests, trials or demonstration purposes; (v)              to carry any weight or load that exceeds the limits for which the Camper Trailer was designed, constructed, registered or licenced; or (vi)             in an unsafe or un-roadworthy condition; or (c)              tow the Camper Trailer with any other vehicle than the Towing Vehicle shown on the Rental Agreement.

3.3             You and any Authorised Driver must not:

(a)             damage the Camper Trailer deliberately or recklessly or allow anyone else to do so; (b)             modify the Camper Trailer in any way; (c)              sell, rent, lease or dispose of the Camper Trailer; or (d)             register or claim to be entitled to register any interest in the Camper Trailer under the Personal Property Securities Act 2009.

4                Prohibited areas of use

⚠️           IMPORTANT NOTICE

A breach of any part of this clause 4 is a Major Breach of the Rental Contract. See clause 13 for further details.

The Camper Trailer may be towed on any named road and on recognised tracks, but it must never be taken:

(a)             into restricted areas, including the Simpson Desert and Canning Stock Route, or any area deemed impassable by Us; (b)             on beaches or islands where exposure to salt water may be likely; (c)              in any salt water environment where salt water will come in direct contact with any part of the Camper Trailer; (d)             in any area where the Camper Trailer will be immersed in salt water, fresh water or muddy area where the immersion level will approach the wheel bearing caps; or (e)             on (i)               roads that are prone to flooding or are flooded; (ii)              overgrown, closed in or narrow tracks which may cause abrasion of the side panels; (iii)             any road where the police or an authority has issued a warning; (iv)             any road that is closed; or (v)              any road where it would be unsafe to drive the Towing Vehicle or tow the Camper Trailer.

5                Your obligations

⚠️           IMPORTANT NOTICE

A breach of any of sub-clauses 5.5, 5.6 or 5.7 is a Major Breach of the Rental Contract. See clause 13 for further details.

5.1             Bookings and booking deposit

(a)             We will take a tentative booking over the phone and hold the booking for a period of 48 hours. (b)             We reserve the right to cancel the booking for the hire if the booking deposit is not received within 48 hours. (c)              A non-refundable deposit of $200.00 is payable upon completion and signing of the Rental Agreement and will be deducted upon payment of the full Rental Charges. (d)             A security bond of $1,000.00 cleared funds is payable prior to departure and a manual credit card imprint will be taken. (e)             A tax invoice for the balance of the Rental Charges will sent seven (7) days prior to pick-up and may be paid on the day of pick-up by credit card, direct deposit or cash.

5.2             Security Bond

The Security Bond will be returned within 7 days of the End of the Rental provided that:

(a)             all amounts due to Us under the Rental Contract have been paid; (b)             the Camper Trailer has been returned to the Rental Station at the date and time set in the Rental Agreement; (c)              the Camper Trailer is clean and in the same mechanical condition as at the Start of the Rental (except for reasonable wear and tear); (d)             there is no Damage (except for reasonable wear and tear) or Third Party Loss; (e)             the equipment supplied with the Camper Trailer is clean and in the same condition it was in at the Start of Rental, subject to reasonable wear and tear; (f)               the toilet cassette in the Camper Trailer is free from waste and washed out; (g)             the fire extinguisher supplied with the Camper Trailer and listed in sub-clause 6.1(b) is unused; and (h)             there has not been a Major Breach of the Rental Contract,

5.3             Pre-existing Damage

At the Start of the Rental You must inspect the Camper Trailer to make sure that any pre-existing damage is noted and shown in the Handover Inspection Report.

5.4             Pets/Smoking and cleaning fees (a)             You must not: (i)               use the Camper Trailer for transporting any pets or animals, except accredited or trained assistance animals, unless specifically approved by Us; or (ii)              smoke in the Camper Trailer or annex and You must prevent take reasonable steps to prevent other occupants from doing so. (b)             If the Camper Trailer is not cleaned to a satisfactory condition at the End of the Rental a cleaning fee up to $300 will be charged. The Camper Trailer must be deodorised from any odours including smoking and campfire smoke and this cost will be deducted from the Security Bond.  (c)              If the Camper Trailer is returned in an excessively dirty condition, it will require a professional detail and an extra charge $500.00 will be incurred and deducted from the Security Bond.

5.5             Reasonable care

You and any Authorised Driver must take reasonable care of the Camper Trailer by: (a)             preventing it from being damaged; (b)             making sure it protected from inclement weather; (c)              making sure it is not overloaded; and (d)             ensuring: (i)               the Camper Trailer is correctly and safely connected to the Towing Vehicle and the safety chains are correctly fitted; (ii)              the Towing Vehicle has an electric brake controller fitted and operational at all times during the Rental Period; (iii)             the Camper Trailer's tyres are inflated to the recommended PSI; and (iv)             the Camper Trailer lights are working correctly;

5.6             Notification of fault

You must inform Us immediately if the Camper Trailer develops any fault during the Rental Period. If You fail to notify Us and continue to use the Camper Trailer You will be responsible for any Damage or Third Party Loss.

5.7             Unauthorised repairs prohibited

You must not let anyone else repair or work on the Camper Trailer or tow or salvage them without Our prior written authority to do so.

5.8             Authorised repairs

Where We have given You Our prior authority to repair the Camper Trailer You must keep and produce to Us the original tax invoices and receipts for any repairs, towing or salvage and You will be reimbursed only if these expenses have been authorised by Us. Any entitlement to reimbursement is subject to there being no Major Breach of the Rental Contract.

5.9             Staying with the Camper Tailer after an Accident

You must not leave the Vehicle unattended following an Accident and before the arrival of a tow or salvage operator.

5.10          Operating the awning

You must ensure that the awning set up and operating instructions are always strictly adhered to.  If wind or extended periods of rain are expected, You must put the awning away and secure it.  You are responsible for any damage to the awning as a result of a failure to comply with this condition of use.

6                Equipment Supplied with the Camper Trailer

6.1             At the Start of Rental We will supply:

(a)             one (1) LPG bottle; (b)             one (1) fire extinguisher; and (c)              equipment as noted on the Rental Agreement.

6.2             At the End of Rental You will be charged the refilling cost of the gas bottles and the replacement cost, plus an Administrative Fee, if the fire extinguisher has been used.

6.3             You will also be charged replacement costs if any of the equipment listed in sub-clause 6.1 is missing or not returned in the same condition as at the Start of Rental, subject to fair wear and tear.

7                Damage Cover

7.1             Damage Excess payable (a)             Standard Damage Cover is included in the Rental Charges.  (b)             Subject to these Terms and Conditions, We will indemnify You and any Authorised Driver for any Damage to the Camper Trailer, its theft or Third Party Loss but You must pay up to the Damage Excess of $3,000 shown on the Rental Agreement for each Accident or theft claim unless: (i)               We agree You were not at fault; and (ii)              the other party was insured and their insurance company accepts liability.

7.2             When is the Damage Excess payable?

Unless You have expressly authorised a charge to Your credit card at an earlier time, an amount up to, but not exceeding, the Damage Excess will be charged to Your credit card: (a)             for single vehicle Accidents, after a repairer's estimate or tax invoice verifying the amount charged for Damage has been sent to You; (b)             if the Camper Trailer has been stolen, after We have made reasonable enquiries and in Our opinion it is unlikely the Camper Trailer will be recovered; and (c)              for Accidents in which there is also Third Party Loss, after We have made an estimate of Your total liability. Supporting documents and particulars of the claim for Third Party Loss will be forwarded to You as soon as practicable. 7.3             Claims Administration fee All Accident, attempted theft and theft claims will incur a claims administration fee of $100 in addition to the Damage Excess liability. This fee is to compensate Us for the labour and associated costs with processing Your claim.

8                Damage Cover Exclusions

8.1             There is no Damage Cover, and You and any Authorised Driver are liable for:

(a)             Damage or Third Party Loss arising from: (i)               a Major Breach of the Rental Contract; or (ii)              the Camper Trailer being towed by any driver who is not an Authorised Driver or who is less than 25 or more than 75 years of age; (b)             Overhead Damage; (c)              Underbody Damage; and (d)             Damage caused by immersion of the Camper Trailer in water.

8.2             There is also no Damage Cover for personal items that are left in or stolen from the Camper Trailer or for loss or damage to property belonging to or in the custody of:

(a)             You; (b)             any relative, friend or associate of Yours ordinarily residing with You or with whom You ordinarily reside; or (c)              any relative, friend or associate of an Authorised Driver.

9                Rental Period, costs and charges

9.1             Rental Period

(a)             The minimum Rental Period is three (3) days. (b)             You must return the Camper Trailer on the date and by the time shown in the Rental Agreement. If You fail to return the Camper Trailer, We may terminate the Rental Contract and if the location of the Camper Trailer is known, recover it by lawful means or if it is unknown, after making reasonable attempts to contact You, report the Camper Trailer as stolen to the Police. (c)              If the Camper Trailer is returned to Us early there is no entitlement to a refund. (d)             Unless You have Our prior approval, if You return the Camper Trailer: (i)               more than one hour after the date and time set for their return in the Rental Agreement, You will be charged $295 per day until the Camper Trailer is returned to Us; or  (ii)              at any time outside Our normal business hours You must pay for the daily Rental Charges and all Damage until the Rental Station next opens for business unless We have agreed to an after business hours drop off and it is shown on the Rental Agreement. 

9.2             End of the Rental

At the End of the Rental:

(a)             You must return the Camper Trailer clean and in the same condition it was in at the Start of the Rental, reasonable wear and tear excepted; and (b)             pay: (i)               the balance of the Rental Charges (if any); (ii)              the Damage Excess if there is Damage or Third Party Loss as a result of an Accident or the Camper Trailer has been stolen; (iii)             any costs We incur, including extra cleaning costs in reinstating the Camper Trailer to the same condition it was in at the Start of the Rental, reasonable wear and tear excluded; (iv)             for all Damage arising from a Major Breach of the Rental Contract; (v)              for all Overhead Damage; (vi)             for all Underbody Damage; and (vii)           for any Damage caused by the immersion of the Camper Trailer in water.

9.3             Cleaning the canvas

You must not pressure clean the canvas or any of the annexes. Marks on the canvas are to be wiped off with a cloth and water only. No cleaning chemicals are to be used on the canvas. The use of aerosol cans (deodorant/insect repellent) is not permitted in the Camper Trailer as it has been shown to affect the integrity of the canvas.

9.4             Pickup/Delivery service

Pickup or delivery is charged at $250.00 each way within 40 km of the Rental Station. Deliveries and pickup service outside the metropolitan area are available and will be charged according to the location.

9.5             Credit card authority

(a)             Subject to these Terms and Conditions, if any amount is due to Us or remains unpaid, including: (i)               the Rental Charges; (ii)              tolls, speeding and traffic fines and infringements; (iii)             fines or charges imposed for parking; (iv)             extra cleaning costs; and (v)              the Damage Excess. (b)             You authorise Us to debit Your credit card with that amount within a reasonable time after the End of the Rental.

9.6             Default in payment

If You default in the payment of any moneys owed to Us under the Rental Contract: (a)             You must pay Us interest on that overdue amount calculated at the rate of 10% per annum and starting 7 days after the date that overdue amount became payable to Us and ending on the date of payment of all amounts due; (b)             We may engage a mercantile agent or debt collector and You must pay the reasonable costs and charges We incur in recovering or attempting to recover that overdue amount, including mercantile or debt collection fees, commission and any legal costs; and (c)              You authorise Us to provide information of that default to a credit reporting body and to obtain an up to date consumer credit report on You. Personal information may be used and disclosed by the credit reporting body in accordance with the Privacy Act to create or maintain a credit information file containing information about You, including defaults in excess of 60 days and the debt owed to Us.

9.7             Default in payment

If You default in the payment of any moneys owed to Us under the Rental Contract, You authorise Us to provide information of that default to a credit reporting body and to obtain an up to date consumer credit report on You. Personal information may be used and disclosed by the credit reporting body in accordance with the Privacy Act to create or maintain a credit information file containing information about You, including defaults in excess of 60 days and the debt owed to Us.

10             Cancellation

10.1          If:

(a)             Your booking is cancelled within 30 days prior to the Start of the Rental; or (b)             You fail to notify Us of Your intended cancellation prior to the Start of the Rental and fail to pick up the Camper Trailer, You will forfeit Your deposit and You be charged the Rental Charges for the Rental Period as booked unless We are able to rent the Camper Trailer to another renter for an equivalent term and rate.

10.2          A cancellation is not effective until acknowledged and confirmed by Us.

11             Breakdowns

11.1          We will provide You with a Camper Trailer that is of acceptable quality and in good working condition taking into account the age of the Camper Trailer, but breakdowns do occur. Twenty-four-hour roadside assistance is provided free of charge for breakdowns (but not for Accidents) and if the Camper Trailer breaks down during the Rental Period You must contact Us on 0419 215 443 or the office on 03 855 44397 to assistance.  If the fault cannot be fixed on site, We will recover and repair the Camper Trailer as soon as possible but if it cannot be repaired We will use Our best endeavours to provide a replacement Camper Trailer where one is available.

11.2          We are not responsible for:

(a)             tyre and wheel changing; (b)             lost keys; or (c)              keys locked in the Camper Trailer.

Extra charges will apply if any of these services are provided at Your request.

11.3          Subject to the Australian Consumer Law, if the Camper Trailer breaks down We are not responsible for:

(a)             flights You have missed; (b)             holiday plans that are disrupted; (c)              loss or inconvenience caused by natural disasters such as floods, cyclones, hailstorms, earthquakes, bushfires, or pandemics; (d)             loss of enjoyment; or (e)             consequential or economic loss.

12             Accident reporting

⚠️           IMPORTANT NOTICE

A breach of any part of this clause 12 is a Major Breach of the Rental Contract. See clause 13 for further details.

12.1          If You or an Authorised Driver has an Accident or if the Camper Trailer is stolen You must report the Accident or theft to Us within 24 hours of it occurring and fully complete an Accident/Theft report form. 12.2          If the Camper Trailer is stolen or if You or an Authorised Driver has an Accident where: (a)             any person is injured; (b)             the other party has failed to stop or leaves the scene of the Accident without exchanging names and addresses; or (c)              the other party appears to be under the influence of drugs or alcohol,

You or the Authorised Driver must also report the theft or Accident to the Police.

12.3          If You or an Authorised Driver has an Accident You and the Authorised Driver must: (a)             exchange names and addresses, phone numbers and email addresses with the other driver; (b)             take a photo of the other driver's licence; (c)              take the registration numbers of all vehicles involved; (d)             take as many photos as is reasonable showing: (i)               the position of all vehicles before they are moved for towing or salvage; (ii)              the Damage to the Camper Trailer; (iii)             the damage to any third party vehicle or property; and (iv)             the general area where the Accident occurred, including any road or traffic signs; (e)             obtain the names, addresses, phone numbers and email addresses of all witnesses; (f)               not make any admission of fault or promised to pay the other party's claim or release the other party from any liability; (g)             forward all third party correspondence or court documents to Us within 7 days of receipt; and (h)             co-operate with Us in the prosecution of any legal proceedings that We may institute or defence of any legal proceedings which may be instituted against You or Us as a result of an Accident, including attending Our lawyer's office or any Court hearing.

13             Consequences of a Major Breach of the Rental Contract

13.1          Major Breach

A Major Breach of the Rental Contract occurs if there is a breach of any of the following: (a)             Clauses 2 (all parts); 3 (all parts); 4 (all parts); clauses 5.5, 5.6, or 5.7 that causes Damage, theft of the Camper Trailer or Third Party Loss; (b)             clause 12 (all parts) that prevents Us from properly investigating a claim arising from an Accident or theft or from prosecuting or defending any Accident or theft claim.

13.2          No Damage Cover

If You or any Authorised Driver:

(a)             commit a Major Breach of the Rental Contract; or (b)             drive the Towing Vehicle in a reckless manner so that a substantial breach of road safety legislation, including the Crimes Act 1958 (Vic) or the Road Safety Act 1968 (Vic) has occurred,

You and any Authorised Driver:

(i)               have no Damage Cover; (ii)              are liable for all Damage, theft of the Camper Trailer and Third Party Loss; and (iii)             are liable for and must pay any additional costs or expenses We incur in recovering the Camper Trailer.

13.3          Termination and repossession

Acting reasonably, We may terminate the Rental Contract and take immediate possession of the Camper Trailer if: (a)             there has been a Major Breach; or (b)             there has been a breach of clause 13.2(b).

14             Personal Property Securities Act 2009 (Cth)(PPSA)

14.1          You have no right to, or interest in, the Camper Trailer other than as a bailee and You must not endeavour to obtain any other right or interest by Yourself or Your nominee.

14.2          You acknowledge that:

(a)             the Rental Contract may create a security interest (Security Interest) (as that term is defined in the PPSA) in the Camper Trailer; (b)             We have a Security Interest in the Camper Trailer and the Camper Trailer will at all times remain subject to that Security Interest; and (c)              We may register the Security Interest on the Personal Property Securities Register.

15             Privacy

15.1          Personal information

(a)             We are committed to respecting privacy and will not collect, use or disclose Your personal information where doing so would be contrary to law. (b)             When We collect Your personal information We will do so only for the purpose of providing rental services to You. If You choose not to provide this information to Us We may not be able to provide those rental services to You. (c)              We take reasonable steps to make sure Your personal information is accurate, up to date and complete and that it is protected from misuse, loss or unauthorised access, modification or disclosure.

15.2          Tracking Device

(a)             To maintain and protect the Camper Trailer We may fit a Tracking Device to the Camper Trailer to enable Us to monitor the condition, performance and operation of the Camper Trailer and to track the Camper Trailer’s movements.  (b)             Information from the Tracking Device may be used during and after the Rental Period.  When You sign the Rental Agreement, You are authorising Us and consenting to the use of the Tracking Device. (c)              You must not tamper with the Tracking Device or remove it from the Camper Trailer.

16             Definitions

16.1          Definitions

In these Terms and Conditions:

Accident means an unintended and unforeseen incident, including:

(a)             a collision between the Camper Trailer and another vehicle or object, including animals and roadside infrastructure; (b)             rollovers; or (c)              a weather event, including hail Damage, that results in Damage or Third Party Loss.

Authorised Driver means any driver of a Towing Vehicle who is approved by Us to tow the Camper Trailer and who is recorded on the Rental Agreement prior to the Start of the Rental. 

Camper Trailer means the Camper Trailer described in the Rental Agreement and includes its parts, components, accessories and equipment.

Damage means:

(a)             any loss or damage to the Camper Trailer that is not fair wear and tear; (b)             towing and salvage costs; (c)              assessing fees; and (d)             Loss of Use,

and for the removal of doubt, any Damage to the Camper Trailer that makes it unroadworthy is not fair wear and tear.

Damage Excess means the amount, including GST, up to which You must pay Us in the event of an Accident that causes Damage or Third Party Loss or the Camper Trailer has been stolen.

End of the Rental means the date and time shown in the Rental Agreement or the date and time the Camper Trailer is returned to Us, whichever is the later.

Handover Inspection Report means the document that shows the condition of the Camper Trailer and lists any Damage at the time of the inspection.

Loss of Use means Our loss calculated on a daily basis at the daily rate shown in the Rental Agreement because the Camper Trailer is being repaired or replaced if it is written off as a result of an Accident or it has been stolen.

Major Breach has the meaning set out in clause 13.1. Overhead Damage means: (a)             Damage to any part of the Camper Trailer; or (b)             Third Party Loss, 

caused by:

(i)               contact with any part of the Camper Trailer that is within two centimetres of the top of the Camper Trailer with objects overhanging or obstructing its path. (ii)              objects being placed on the roof of the Camper Trailer; or (iii)             You or any person standing or sitting on the roof of the Camper Trailer.

Oz Satellite Rentals, We, Us, Our, means David Funston trading as Oz Satellite Rentals ABN 42 626 743 001.

Rental Charges means the charges payable for renting the Camper Trailer from Us together with GST and any other taxes or levies which are all fully set out in the Rental Agreement.

Rental Period means the period commencing at the time shown in the Rental Agreement and concluding at the End of the Rental.

Rental Station means the location from which the Camper Trailer is rented, as shown on the Rental Agreement.

Security Bond means the amount shown on the Rental Agreement We collect from You at the Start of the Rental as security for the Rental Charges and other fees and charges incurred during Your rental.

Start of the Rental means the date and time that the rental commences as shown in the Rental Agreement.

Third Party Loss means loss or damage to third party property, including other motor vehicles and any claim for third party loss of income.

Towing Vehicle means the Vehicle described on the Rental Agreement You have supplied and We have approved as the vehicle that is used to tow the Camper Trailer during the Rental Period.

Tracking Device means a GPS or other device that is fitted to the Camper Trailer that has electronic tracking capabilities to determine its location.

Underbody Damage means any damage to the Camper Trailer caused by or resulting from contact between the underside of the Camper Trailer and any part of the roadway or any object or obstruction, including kerbs, gutters, speed or road humps, barriers or wheel stops and does not arise as a result of an impact with another vehicle.

You, Your means the person, whether it is an individual, a firm or company or government agency that rents the Camper Trailer from Us and whose name is shown in the Rental Agreement.

16.2          Interpretation

In these Terms and Conditions, unless the context otherwise requires:

(a)             headings are for convenience only and do not form part of the Terms and Conditions or affect their interpretation; and (b)             where You comprises two or more persons each is bound jointly and severally.