General Terms and Conditions

 

NORTH SHORE GMBH
Mirko Thumann
Sachsenring 40 B
28790 Schwanewede

 

The following terms and conditions are written in German and can be accessed and saved online by the customer at https://www.northshore-gmbh.de/agb. The current terms and conditions can also be requested in electronic or printed form by emailing info@northshore-gmbh.de.

 

Preamble

North Shore offers various services in the theater and event sector. These terms and conditions aim to regulate the framework for a business relationship between the parties and apply to all deliveries and services provided by North Shore, provided the customer is an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), a legal entity under public law, or a special fund under public law.

 

Section 1 Scope of Application / General

(1) Any differing, conflicting, or supplementary terms and conditions of the customer are not binding on North Shore unless North Shore has expressly agreed to their validity. This also applies if North Shore does not expressly object to the validity of the customer's terms and conditions or executes delivery to the customer without reservation.

(2) Legally relevant declarations and notices that the customer submits to North Shore after conclusion of the contract (e.g., setting deadlines, notices of defects, declarations of withdrawal or price reduction) require at least text form to be effective. The termination of an order requires written form.

(3) References to statutory provisions are for clarification purposes only. Unless the statutory provisions are directly amended or expressly excluded in these terms and conditions, they apply even without such clarification.

(4) Amendments to these terms and conditions will be communicated to the customer in writing or by email. If the customer does not object to an amendment within four weeks of receiving the notification of amendment, the amendments are deemed accepted. North Shore will specifically draw the customer's attention to the legal consequences of remaining silent at the start of this period.

 

Section 2 Subject Matter of the Contract

(1) The customer commissions North Shore to provide the services and work offered by North Shore, as well as to deliver other goods to the agreed extent.

(2) Within the framework of this contractual relationship, North Shore will provide the customer with the ordered services and goods in accordance with an individual order and the following terms and conditions.

 

Section 3 Conclusion of Contract

(1) The contract between the customer and North Shore is concluded upon acceptance of the customer's order request by North Shore or upon approval of the offer by the customer. North Shore will submit an offer (cost estimate) to the customer upon request. The customer's order acceptance is based on the offer (cost estimate) provided by North Shore or the currently valid price list. Changes to the offer constitute order requests from the customer and require express acceptance by North Shore in written form. Orders are considered placed upon confirmation (approval by the customer) of the offer (cost estimate) via email. Until acceptance, offers and cost estimates are subject to change and non-binding. Cancellations, order changes, and supplementary agreements are only considered accepted with North Shore's express written consent. Changes or cancellations by North Shore are considered accepted if the customer does not object immediately.

(2) Meeting minutes, order details, and acceptance dates transmitted by North Shore (usually via email) are binding unless the customer objects immediately upon receipt.

(3) Templates, files, and other work materials created or commissioned by North Shore to perform the services owed under the contract remain the property of North Shore. There is no obligation to release or store them.

Section 4 Subcontracting

North Shore is entitled to perform the assigned work itself or to subcontract it to third parties.

 

Section 5 Performance, Delivery, Deadlines, Default of Acceptance

(1) Our delivery and performance obligations are fulfilled as soon as the customer accepts or uses the work and services provided by North Shore. Acceptance dates specified by North Shore are binding for the customer. If the customer fails to attend acceptance appointments that have been announced in a timely manner, the work and services provided by North Shore are deemed accepted. The customer bears the risk of transmission (e.g., damage, loss, delay), regardless of the medium used.

(2) This does not apply to services provided by North Shore that do not require acceptance or specific use. The performance obligation is fulfilled upon completion of the service.

(3) Performance dates and delivery deadlines are binding if North Shore has confirmed them in writing and the customer has duly fulfilled any obligations to cooperate. North Shore is not liable for changes to dates or delays in performance and delivery due to the lack of or delayed cooperation or delivery by third parties. This does not apply to third parties acting on behalf of North Shore.

(4) If North Shore is unable to perform its contractual obligations, or is unable to perform them on time, due to force majeure, in particular measures taken in the context of labor disputes such as strikes and lawful lockouts, as well as the occurrence of other obstacles that are unforeseeable for North Shore and for which it is not responsible, the customer shall have no claims arising therefrom. This excludes the right to withdraw from the contract if performance can no longer be rendered or if the customer no longer has an interest in it due to the delay. Otherwise, the delivery or performance date shall be extended accordingly.

(5) If the customer commissions changes or additions that are not merely minor, deadlines and time limits based on the original subject matter of the contract shall become invalid, even if North Shore does not expressly point this out again in its confirmation of changes.

(6) If North Shore has a legitimate right to refuse or withhold performance or is unable to perform due to circumstances within the customer's sphere of risk or liability, the customer is in default of acceptance. In the event of default of acceptance, North Shore is entitled to the agreed consideration.

(7) The customer's right to withdraw from the contract and/or claim damages for non-performance in accordance with Section 8 after the expiry of a reasonable period set by the customer remains unaffected. North Shore's statutory rights also remain unaffected, in particular those in the event of exclusion of the obligation to perform (e.g., due to impossibility or unreasonableness of performance and/or subsequent performance).

 

Section 6 Prices / Terms of Payment

(1) The prices stated in the offer in euros are binding, plus travel expenses and the applicable value-added tax.

(2) Unless individual prices have been agreed upon in writing – cost estimate via email (info@northshore-gmbh.de) – North Shore's current price list shall apply. The price list can be found online at https://www.northshore-gmbh.de/agb. This also applies to order expansions and changes requested by the customer that are not included in North Shore's offer (cost estimate).

(3) Our invoices are due for payment without deduction 10 days after the invoice date.

(4) North Shore retains ownership of all documents and items provided until full payment of all invoices relating to the order has been received. Rights to our services, in particular copyright usage rights, are transferred to the client only upon full payment of all invoices relating to the order.

(5) If the customer suspends payments, or if judicial composition or insolvency proceedings are applied for or opened against the customer's assets, or if the opening of such proceedings is rejected for lack of assets, North Shore has the right to withdraw from the contract.

(6) The customer is entitled to set-off and retention rights only to the extent that their claim is acknowledged by us, undisputed, or has been legally established.

 

Section 7 Warranty

(1) The customer's rights in the event of material defects and defects of title are governed by the statutory provisions, unless otherwise specified below.

(2) Claims for defects by the customer require that they have duly complied with their statutory obligations to inspect and give notice of defects (Section 377 of the German Commercial Code).

(3) Subsequent performance will be carried out at North Shore's discretion by remedying the defect or delivering defect-free goods. North Shore's right to refuse subsequent performance under the statutory conditions remains unaffected.

(4) Claims for damages and reimbursement of futile expenses due to defects exist only in accordance with Section 8 and are otherwise excluded.

 

Section 8 Liability

(1) North Shore is liable to the customer for damages and reimbursement of expenses in accordance with statutory provisions in cases of culpable injury to life, body, or health, as well as in cases of intent and gross negligence, fraudulent concealment of a defect or a guarantee assumed by it, and in accordance with the Product Liability Act.

(2) North Shore is also liable in cases of slight negligence in the breach of a material contractual obligation. Material contractual obligations are those whose fulfillment is essential for the proper performance of the contract and on whose compliance the customer regularly relies and may rely. In these cases, however, North Shore's liability is limited to compensation for foreseeable damages typical of this type of contract.

(3) Otherwise, liability for damages and reimbursement of expenses – regardless of the legal basis – is excluded.

 

Section 9 Statute of Limitations

(1) Claims based on material defects and defects of title shall become statute-barred one year after delivery of the goods. If acceptance is agreed upon in a specific case, the limitation period shall commence upon acceptance.

(2) The statutory limitation period shall apply to claims under the Product Liability Act or in cases of intent or fraudulent concealment, gross negligence, in cases of supplier recourse pursuant to Sections 478 and 479 of the German Civil Code (BGB), a defect of title pursuant to Section 438 Paragraph 1 No. 1 a) of the German Civil Code (BGB), or if the goods constitute an item pursuant to Section 438 Paragraph 1 No. 2 b) that, according to its customary use, has been used for a building and has caused its defectiveness, or in cases of injury to life, body, or health.

 

Section 10 Data Protection

We guarantee compliance with the applicable data protection regulations with regard to personal data of the customer or its agents that we collect, process, and use within the scope of the contractual relationship. Further information can be found in our privacy policy.

 

Section 11 Final Provisions

(1) The contracting parties agree that all legal relations arising from or in connection with this contractual relationship shall be governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) If the customer is a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction – including for international disputes – for all disputes arising directly or indirectly from this contractual relationship shall be Hamburg.

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Status: February 12, 2025