Terms & Conditions of Service

We agree to perform the Works requested by You on the term conditions set out below. Words in ITALICS are defined at Clause 38.1 below.

1.    Quotations, Acceptance & Contracts

1.1   Subject to Clause 1.2:

(a)    by signing and returning the Quotation to Us, You agree to enter into an Agreement with Us in accordance with the Contract Documents, and

(b)    We must provide You with a copy of the signed Agreement signed by Us not later than five (5) clear Business Days after the Agreement has been entered into.

1.2   If the Contract Price is not greater than $5,000.00 (inclusive of GST) or the Works are not Residential Building Work, You shall be deemed to have accepted these terms and conditions and the Quotation and entered into an agreement with Us if You:

(a)    give or continue to give Us instructions to carry out the Works after receiving the Quotation, or

(b)    verbally accept the Quotation.

1.3   Notwithstanding Clause 1.2, We may insist on You accepting the Quotation and these terms and conditions in writing by signing the same or another form of written acceptance.

1.4   An Agreement made in accordance with Clauses 1.1 and 1.2 will be wholly documented by (in descending order of precedence) the Quotation (including the plans and specifications referred to in the Quotation), any specific terms agreed in writing and set out in the Quotation and these terms and conditions, which documents shall constitute the entire Agreement and will supersede all prior negotiations, proposals and correspondence between the parties.  

2.    When Clauses do not Apply

2.1   Clauses 1.1(b), 3, 8.2, 17.1 and 23 will only apply where the Works are Residential Building Work and the Contract Price exceeds the Statutory Threshold.

2.2   Clause 17.2 will only apply where:

(a)    the Works are not Residential Building Work, or

(b)    the Works are Residential Building Work but the Contract Price does not exceed the Statutory Threshold.

3.    Cooling Off Period

3.1   Subject to clause 2.1, You may rescind the Agreement by serving a notice in writing in accordance with Clause 3.2:

(a)    within five (5) clear Business Days after You have been provided with a signed copy of the Acceptance, or

(b)    if You have not been provided with a signed copy of the Acceptance, within five (5) clear Business Days after You become aware that You were entitled to a signed copy of the Acceptance.

3.2   A notice of rescission under Clause 3.1 must state clearly that You rescind the Agreement and must be served on Us by:

(a)    handing it to the holder of Our licence personally,

(b)    leaving it at the address shown in the Quotation as the address of the holder of Our license, or

(c)    by serving it on the holder of Our license in accordance with Clause 36.2.

3.3   If a notice of rescission is given in accordance with Clauses 3.1 and 3.2:

(a)    the Agreement will be taken to be rescinded from the time it was entered into,

(b)    We may retain out of any money already paid by You the amount of any reasonable out-of-pocket expenses We incurred before receiving the notice of rescission,

(c)    We shall be entitled to payment of a reasonable price for any Works carried out prior to Us receiving the notice of rescission,

(d)    We must promptly refund all other moneys paid to Us under the Agreement, and

(e)    You shall not be liable to Us in any way for rescinding the Agreement.

4.    Quality of Construction

4.1   All work performed by Us under the Agreement shall comply with:

(a)    the Building Code of Australia, to the extent required under the Environmental Planning and Assessment Act 1979,

(b)    all relevant codes, standards and specifications that the work is required to comply with under any law, and

(c)    the conditions of any relevant Building Approvals.

5.    Our Obligations & Warranties

5.1   We shall carry out and complete the Works referred to in the Quotation.

5.2   We warrant that to the extent required by applicable Home Building Laws:

(a)    We holds all licenses required to carry out the Works,

(b)    the Works will be performed in a proper and workmanlike manner and in accordance with the Contract Documents,

(c)    all materials supplied by Us will be good and suitable for the purpose for which they are used and, unless otherwise stated in the Quotation, those materials will be new,

(d)    the Works will be performed in accordance with, and will comply with, the Home Building Law,

(e)    the Works will be performed with due diligence and within the time stipulated in the Quotation and the Agreement, or if no time is stipulated, within a reasonable time, and

(f)     the Works and any materials used in performing the Works will be reasonably fit for the specified purpose or result, if You expressly make known to Us, or another person with express or apparent authority to enter into or vary contractual arrangements on behalf of Us, the particular purpose for which the work is required or the result that You desire the work to achieve, so as to show that You rely on Our skill and judgment.

6.    Client’s Obligations

6.1   You shall pay the Deposit and the balance of the Contract Price in accordance with the Agreement.

6.2   Without limitation, You shall comply with clause 12.

7.    Deposit

7.1   The Deposit shall be:

(a)    where the Works are Residential Building Work, the lesser of the amount stated in the Quotation, if any, and 10% or,

(b)    in all other cases, the greater of the amount stated in the Quotation, if any, and 10%.

7.2   You shall pay to Us the Deposit, if any, as follows:

(a)    if the Works are Residential Building Work above the Statutory Threshold the later of the following:

(i)    the second Business Day after the day on which We give to You a certificate evidencing insurance under the NSW Home Building Compensation Fund in relation to the Works, and

(ii)    the next Business Day after the Agreement is entered into.

(b)    in all other cases, the next Business Day after the Agreement is entered into.

8.    Accuracy of Contract Documents

8.1   All Contract Documents, including any Variations to plans and specifications, are taken to form part of the Agreement.

8.2   Any agreement to vary the Agreement, or to vary the Contract Documents (including the plans and specifications), must be in writing signed by or on behalf of each party to the Agreement.

8.3   The party responsible for the preparation of a Contract Document warrants:

(a)    the document is accurate, and

(b)    the suitability of the design, materials and methods of working specified in the document.

8.4   If either party becomes aware of any error, ambiguity or inconsistency in or between the Contract Documents, or any detail not being given, that party shall give the other party written notice detailing the problem. You must within two (2) Business Days of receiving a notice or becoming aware of a problem, give written instructions as to how We are to proceed with the Works.

8.5   In the event that You refuse or fail to give written instructions to Us within two (2) Business Days of a notice pursuant to Clause 8.4, You authorise Us to determine the required detail necessary to resolve the error, ambiguity or inconsistency, however, We shall not be obliged to act under that authority. 

8.6   If the required detail, as determined by You or Us, necessitates a change to the scope of the Works, You shall be deemed to have requested a Variation and the procedure at Clause 17 shall apply.

9.    Commencement & Performance of Works

9.1   Subject to Clauses 9.2, 19, 20, and 21.4 We shall carry out the Works within a reasonable time.

9.2   We shall not be required to commence the Works until We have received:

(a)    the Deposit, if any,

(b)    Your colour selection, and

(c)    written evidence that You are the owner of the Site or is otherwise authorised to have the Works carried out on the Site.

9.3   In carrying out the Works, We and Our agents and employees shall observe all relevant occupational health and safety law and shall comply with all obligations under workers compensation legislation.

9.4   We will perform the work during our normal working hours of 7 a.m. to 3 p.m. If You require Us to perform the Work outside of these hours or access to the Site is restricted in a way that means, We cannot perform the Work during our normal working hours an additional charge will be applied.

10. Site Access, Services & Materials

10.1 You warrant that You have exclusive possession of the Site to carry out work including the Works. You must provide clear and free all weather access to the Site for delivery of materials and performance of the Works. If You do not provide all weather access, We may carry out any work required to achieve such access and that work is deemed to be a Variation. We shall not be liable for any loss or damage to the Site including, without limitation damage to pathways, driveways and concrete, paved or grassed areas unless such damage was reasonably avoidable and caused by Our negligence.

10.2 You must not:

(a)    hinder Our access or possession of the Site for the purposes of carrying out the Works,

(b)    hinder the progress of the Works, or

(c)    make inquiry of, issue directions to, or give instructions to, Our workers or subcontractors.  Communications must only be with Our nominated person.

10.3 You may only have access to the Works at reasonable times and after giving reasonable prior notice for the purposes of inspecting the progress of the Works.

10.4 You must ensure Our workers and subcontractors have access to power, lighting and water, access to toilets and hand washing facilities, access to a waste bin and spaces for parking and storage of material.

10.5 We may leave materials and tools onsite during the carrying out of the Works, which will at all times remain Our property.

10.6 All materials delivered to Site by Us and not required for the Works will remain the property of Us.

11. Progress Claims

11.1 You shall pay to Us the Contract Price and other money that becomes payable under the Agreement (without any set off) in the manner and at the times stated in the Agreement.

11.2 We may issue a Progress Claim in respect of work carried out by Us on or after:

(a)    the dates, periods or milestones specified in the Quotation, if any,

(b)    every 14 days after the date of Acceptance, and

(c)    when in Our opinion the Works have reached the stage of Practical Completion.

11.3 We may serve a Progress Claim on You by any method that it is entitled to give notice under the Agreement.

11.4 You must pay the Contract Price progressively as claimed by Us within seven (7) days of receipt of a Progress Claim. 

12. Variations

12.1 Subject to Clause 2.1:

(a)    A Variation to the Agreement or any Contract Document must be in writing and signed by or on behalf of each of You and Us.

(b)    A Variation may be requested by You or Us. If a Variation is requested by You, We shall, as soon as reasonably practicable, provide to You:

(i)    an offer to vary the Agreement in the form of a signed Contract Variation specifying the price of the Variation and detailing the work, and any extension of time required, to carry out the Variation, or

(ii)    a refusal to carry out the Variation.

(c)    If You do not accept Our offer by returning a copy of the signed Contract Variation to Us within five (5) Business Days of receiving it, the offer shall be deemed to be withdrawn.

12.2 Subject to Clause 2.2, a Variation occurs if:

(a)    the Agreement deems a Variation,

(b)    You request Us to perform a Variation and subsequently We perform the Variation in accordance with Your direction, or

(c)    You and Us agree in writing to a Variation, including Agreement as to the price of the Variation.

12.3 There shall be a deemed Variation if:

(a)    the requirements of any statutory or other Authority necessitate a change to the Works, such Variation being that work required to effect that change,

(b)    additional work is required, or the work is required to be performed in a manner or using equipment not anticipated, including the removal of wall hangings, or furniture to enable the Work to be carried out, additional coats required due to the paint colour chosen by You,,or the discovery of latent difficulties in the performance of the Works (including, without limitation, unknown surface conditions, poor weather conditions, poor access to the Site, safety risks, works by a third party not being completed where necessary for the Works to be performed), or

(c)    after the Agreement is made; (i) a statutory or other Authority introduces or increases any tax, charge, levy or other regulation or any requirement that affects the Works that causes any increase in the costs of the Works, or (ii) Our wages are affected by a change to an Industry Award.

12.4 If there is insufficient time to calculate the price of a Variation, or the Agreement deems a Variation, the price of the Variation will be charged to You at Our reasonable costs.

12.5 The price of a Variation is payable progressively as the Variation is performed and is due at the same time as the next Progress Claim after it is carried out unless a different time is agreed.

12.6 You must not unreasonably withhold consent to any Variation which is required for the Works to comply with the law or a requirement of any Authority.

12.7 Notwithstanding any other Clause herein, We are under no obligation to carry out any Variation requested by You.

13. Acknowledgement of Possible Delays

13.1 You acknowledge that completion of the Works may be suspended by Us pursuant to Clause 20 or delayed by any cause beyond the control of Us including, (a) a Variation or a request by You for a Variation, (b) an act of God, fire, explosion, earthquake or civil commotion, (c) any weather condition that, in the reasonable opinion of Ours, prevents work from being carried out in the usual manner, (d) anything done or not done by You, (e) the delay in the supply of materials, and (f) the Contract Documents not being fully completed or made available to Us by the date of the Agreement.

13.2 We shall not be liable for the failure to perform the Works or the Agreement to the extent and for so long as its performance is prevented or delayed without substantial fault or negligence by Us.

13.3 Where the costs of the Works have increased due to any delay beyond the control of Us, We shall be entitled to a reasonable increase in the Contract Price.

14. Suspension

14.1 If You have not satisfied any condition for commencement of the Works in Clause 9.2 or are in breach of the Agreement We may suspend the carrying out of the Works and must promptly give to You written notice of the suspension and details of the breach.

14.2 We must recommence the carrying out of the Works within a reasonable time after You remedy the breach and give Us written notice of that fact.

15. NSW Home Building Compensation Fund

15.1 If the Works are Residential Building Works, We must obtain a policy of insurance under the NSW Home Building Compensation Fund and provide You with a certificate evidencing the policy before commencement of the Works and before rec

eiving any payment unless:

(a)    the Contract Price for the Works totals less than the Statutory Threshold, or

(b)    the Works relate to a new Multi-Story Residential Building.

16. Dispute Resolution

16.1 The parties must attempt to resolve any dispute or claim arising out of or under the Agreement by negotiation in good faith before either party commences any litigation in relation to the dispute or claim. Accordingly, if a party considers that a dispute or claim has arisen under the Agreement they must give written notice to the other party adequately setting out and providing details of the dispute.

16.2 We and You must meet within ten (10) Business Days of the giving of a notice pursuant to Clause 24.1 to attempt to resolve the dispute or claim or to agree on methods of doing so. The parties must be represented at the meeting by a person with authority to agree to a resolution of the dispute.

16.3 If the dispute is resolved the parties must write down the resolution and sign it.

16.4 The parties agree that anything done or said in the negotiations cannot be revealed in any other proceedings.

16.5 Nothing in this Clause affects the rights of the parties pursuant to the Security of Payment Law or prevents either party from commencing urgent injunctive or interlocutory proceedings in a competent Court.

17. Default & Termination of Contract

17.1 This Agreement may be terminated in the circumstances provided by the general law, although this does not prevent the parties agreeing to additional circumstances in which the Agreement may be terminated.

17.2 If You fail to pay any money under the Agreement within seven (7) days of the due date for payment or is in breach of clause 12:

(a)    We may terminate the Agreement by notice in writing to You,

(b)    We shall be entitled to interest on the outstanding amount at the rate of 2.5% per calendar month calculated daily from the due date for payment and compounding monthly on the first day of each month until payment is received,

(c)    You shall indemnify Us from and against all costs and disbursements incurred or payable by Us in connection with the recovery of monies owing by Us (including, without limitation, legal fees on an indemnity basis, collection agency costs and bank dishonour fees), and

(d)    We may cancel all or any part of the Works or works in connection with any other contract or contracts made with You to which these terms and conditions apply whereafter all amounts payable by You to Us shall became payable immediately.

17.3 You agree to pay to Us, as genuine pre-estimate of Our costs:

(a)    a processing and handling fee of $20.00 in respect of each payment made under the Agreement that is not in satisfaction, or in satisfaction of the balance, of a Progress Claim, and

(b)    a default fee of $50.00 in respect of any failure by You to pay a Progress Claim by the due date for payment or by the corresponding day of each subsequent calendar month until the Progress Claim is paid in full.

18. Warranties & Representations

18.1 Subject to Clause 5.2 and except as expressly provided to the contrary in the Contract Documents, all representations, warranties, guarantees and conditions in relation to the Works (whether implied or otherwise) are hereby excluded to the maximum extent permitted by law.

18.2 If You are aware (or should be aware) that the Works are for a particular purpose or are required to possess particular or uniform characteristics, You agree to specify that purpose or those characteristics in writing in the Acceptance.

18.3 You warrant that You have made Your own enquiries in relation to the suitability of the Works and have not relied on any representation made by Us in relation to their suitability for any particular purpose.

19. Limitation of Liability

19.1 You acknowledge that the Works may be affected by factors outside of Our control and as such We accept no responsibility for any defects caused or contributed by deficiencies, or flaws or failures, in existing building structure or walls in which the Works are being carried out.

20.   You acknowledge that colours may vary slightly from those shown on colour charts and be affected by surface texture and lighting conditions upon the surface. To the maximum extent permitted by law, We shall not be liable for any such variant in colour, or colour match.

20.1 Our liability to You (and any party claiming through You against Us) for any claim for loss or damage (including legal expenses), whether arising in contract, tort or otherwise, in connection with the Agreement shall be limited to the lesser of the costs of:

(a)    supplying the services again, or

(b)    payment of the costs of having the services supplied again.

20.2 Despite Clause 4.1, We shall not be liable for a failure to comply with Clause 4.1 if the failure relates solely to:

(a)    a design or specification prepared by or on behalf of You (but not by or on behalf of Us), or

(b)    a design or specification required by You, We have advised You in writing that the design or specification will cause Us to contravene Clause 4.1.

20.3 We shall not be liable for any indirect, special or consequential loss or damage of any nature whatsoever resulting from or caused in any way by the carrying out of the Works and/or the supply of the Goods, including in connection with any negligent act or omission on the part of Us or any employee or contractor engaged by Us, or any errors, mistakes or inaccuracies in information for which We may be responsible, or any engineering certificate requested by You.

20.4 For the purposes of this Clause, ‘consequential loss’ includes, but is not limited to:

(a)    loss or damage not arising naturally, or according to the usual course of things, from the relevant event giving rise to that loss or damage, whether or not that loss may reasonably have been or supposed to have been in the contemplation of the parties as at the date of Acceptance, as a probable result of the relevant event,

(b)    indirect, economic, special or consequential loss,

(c)    loss in the nature of loss of profits, revenue, staff, data, production, opportunity, use or damage to reputation even if the relevant loss may reasonably have been or was supposed to have been in the contemplation of the parties as at the date of the Acceptance, as a probable result of the relevant event, and

(d)    personal injury or property damage.

21. Real Property Security

21.1 You hereby charge Your right, title and interest in any real property or other assets capable of being charged that You own or hereafter own either solely or jointly, in favour of Us as security for the performance of Your obligations pursuant to the Agreement and authorise Us to register a Caveat over the title of any such property in the event of a default by You under the Agreement.

21.2 Where the Works are Residential Building Work, Clause 30.1 will only apply to the extent that the property is the property on which the Works were carried out and a Court or Tribunal has made an order that You pay that amount to Us.

21.3 You shall indemnify Us from and against all costs and disbursements incurred or payable by Us in connection with exercise of Our rights under Clauses 30.1 and 30.2 (including, without limitation, legal fees on a solicitor-Client basis, stamp duty and registration fees).

22. Subcontracting

We may subcontract the whole or any part of the Works but remain responsible for all of the Works.

23. Cancellation

23.1 Notwithstanding any other Clause herein, We may cancel any agreement to which these terms and conditions apply at any time before the Works are commenced by giving written notice to You whereafter any deposit or other amount paid by You on account of the Works shall become immediately repayable to You. We shall not be liable for any consequential loss or damage in relation to any such cancellation.

23.2 If You purport to cancel the Agreement, without limiting any other right available to Us, You shall be liable to Us for any and all loss or damage suffered by Us in connection with the cancellation including, without limitation, loss of profit in respect of the Works and/or loss of profits in respect of orders and opportunities foregone as a result of the scheduling of the Works.

24. GST

24.1 The Contract Price and all other monies payable by You pursuant to the Agreement are exclusive of GST.

24.2 If We incur a liability to pay GST in connection with a supply to You pursuant to the Agreement, the consideration that You must pay to Us for the supply is increased by an amount equal to the GST liability that We incur in making the supply and the amount of the GST liability is payable at the same time and in the same manner as the consideration in respect of the supply is payable. 

24.3 We shall provide You with a tax invoice for any GST included in any payment made pursuant to the Agreement. 

25. Notices

25.1 The parties agree that email shall be the primary method of contact and communication in relation to any matters arising under the Agreement.

25.2 A notice is deemed to have been given or serviced if the notice is:

(a)    delivered by hand to the other party,

(b)    posted by ordinary prepaid mail to the other party’s address (including a Post Office Box) stated in the Quotation on the second Business Day following the date of posting,

(c)    sent by facsimile transmission to the parties’ facsimile number stated in the Quotation upon receiving confirmation of delivery of the transmission, or

(d)    sent by email to the parties’ email address stated in the Quotation upon receiving confirmation of delivery of the email without error.

26. General

26.1 Payments may only be made by cash, bank cheque, electronic funds transfer or credit card (unless We agree otherwise in relation to a payment). You agree to pay a surcharge equal to 2.5% in respect any payment made via credit card.

26.2 You may not: (a) set off against or deduct from any monies payable under the Agreement any sums owed or claimed to be owed by Us to You, or (b) withhold payment of any Progress Claim because the Progress Claim or part of it is in dispute.

26.3 The Agreement embodies the whole agreement between the parties relating to the subject matter of the Agreement and supersedes any and all oral and written negotiations and communications by or on behalf of any of the parties.

26.4 The terms in the Agreement may not be varied, waived, discharged or released, except with the prior written consent of the parties.

26.5 No right under the Agreement is waived or deemed to have been waived in relation to any particular instance unless in writing and signed by the party waiving the right. A party does not waive its right under the Agreement by granting an extension of time or any other forbearance to another party.

26.6 The Agreement shall be governed by and construed pursuant to the laws of the State or Territory in which the Acceptance is received. The parties irrevocably submit to the jurisdiction of the Courts of that State or Territory in connection with any dispute relating to the Agreement. The parties further agree that the Court of competent jurisdiction located closest to Our principal place of business in the relevant State or Territory shall be the appropriate Court for the hearing of any claims in connection with this Agreement.

26.7 The parties agree that a construction of the Agreement that results in all provisions being enforceable is to be preferred to a construction that does not so result.

26.8 If, despite the application of Clause 37.7, a provision of the Agreement is illegal or unenforceable:

(a)    if the provision would not be illegal or unenforceable if a word or words were omitted, that word or those words are severed, and

(b)    in any other case, the whole provision is severed,

and the remainder of the Agreement continues in force.

27. Definitions & Interpretation

27.1 In these terms and conditions:

(a)    “Agreement” means the agreement between You and Us in accordance with Clauses 1.1 and 1.2;

(b)    “Business Day” means any day other than Saturdays, Sundays or public holidays;

(c)    “Contract Documents” means these terms and conditions, the Quotation and the plans (or measurements) and specifications, if any, specified in the Quotation;

(d)    “Contract Price” means the amount or rates stated as the price in the Quotation;

(e)    “Deposit” means the amount determined in accordance with Clause 7.1;

(f)     “Exclusions” means the exclusions described in the Quotation;

(g)    “GST” has the same meaning as given to it in the A New Tax System (Goods and Services Tax) Act 1999;

(h)    “Home Building Law” means the laws in the State or Territory applying to the Agreement governing the rights of parties in the residential building work and, in New South Wal

es being the Home Building Act 1989 (NSW);

(i)     “Multi-Story Residential Buildings” means a building containing two (2) or more dwellings and having more than three (3) storeys, not including an underground basement or any storey used solely as a car park;

(j)     “NSW Home Building Compensation Fund” means a policy of insurance required in relation to the Works under Home Building Law;

(k)    “Practical Completion” means when the Works are complete except for minor omissions and defects that do not prevent the Works from being reasonably capable of being used for their usual purpose;

(l)     “Progress Claim” means both a tax invoice as defined in the A New Tax System (Goods and Services Tax) Act 1999 and a Payment Claim in defined by the laws in the State or Territory applying to the Agreement governing the rights of parties in the building and construction industry to obtain security for payment and, in New South Wales being the Building and Construction Industry Security of Payment Act 1999;

(m)   “Quotation” means the proposal, if any, provided by Us to You in respect of the Works to which the Acceptance relates;

(n)    “Residential Building Work” is given the meaning as outlined in Schedule 1, Section 2 of the Home Building Act 1989;

(o)    “Security of Payment Law” means the laws in the State or Territory applying to the Agreement governing the rights of parties in the building and construction industry to obtain security for payment and, in New South Wales being the Building and Construction Industry Security of Payment Act 1999;

(p)    “Site” means the address at which the Works are to be carried out;

(q)    “Statutory Threshold” means the amount prescribed from time to time pursuant to the Home Building Law as the threshold contract price or reasonable market cost of labour and materials after which NSW Building Compensation Fund must be in force, in NSW being $20,000 (inclusive of GST) as at the effective date of these terms and conditions;

(r)    “Variation” means to vary the Works by carrying out additional work, omitting any part of the Works or changing the scope of the Works; and

(s)    “We”, “Us” or “Our” means , and

(t)     “Works” means the work described in the Contract Documents and includes the supply of the Goods and Variations but excludes the Exclusions.

(u)    “You/Your” means the party named as You or customer in the Quotation;

27.2 In the Agreement, unless otherwise indicated by the context:

(a)    the singular includes the plural and vice versa;

(b)    a reference to one gender includes a reference to all other genders;

(c)    headings to Clauses are included for the sake of convenience only and will not affect the interpretation of the Clauses to which they relate;

(d)    references to any statute or statutory provision include that statute or statutory provision as amended, extended, consolidated or replaced by subsequent legislation and any Orders, regulations, instruments or other subordinate legislation made under the relevant statute;

(e)    the word person means and includes a natural person, a company, a firm or any other legal entity whether acting as a trustee or not;

(f)     the Agreement will bind each party’s legal personal representatives, successors and assigns; and

(g)    where a party comprises two (2) or more persons the rights and obligations of such persons pursuant to the Agreement will ensue for the benefit of and bind each of them jointly and severally.