Incoming.the Men of the 70th
Language: English
Published by AuthorHouse, 2013
- Softcover
- New
Condition: New
US$ 32.70
Quantity: Over 20 available
Add to basketItem description from seller
Dieser Artikel ist ein Print on Demand Artikel und wird nach Ihrer Bestellung fuer Sie gedruckt. KlappentextrnrnIt was a monumental year.the Mamas and Papas, The Beach Boys, Bob Dylan and scores of world famous rock groups poured out their sweet music and wonderful lyrics to a generation of young people in search of themselves. In July, w.
Seller Inventory # 447909006
- Title
- Incoming.the Men of the 70th
- Author
- Manick, Jack Doc
- Publisher
- AuthorHouse
- Publication year
- 2013
- Condition
- New
- Binding
- Soft cover
- Language
- English
- ISBN 10
- 1481734040
- ISBN 13
- 9781481734042
- Seller catalogs
- Importe
"Synopsis" may belong to another edition of this title.
Excerpt. © Reprinted by permission. All rights reserved.
Incoming the Men of the 70th
By JACK "DOC" MANICKAuthorHouse
All rights reserved.
Contents
| Chapter Zero: The Enemy Below.............................................. | 1 |
| Chapter One: Fort Dix...................................................... | 12 |
| Chapter Two: I'd rather die than take that pill............................ | 38 |
| Chapter Three: Pee and Poop................................................ | 43 |
| Chapter Four: Operation Foamie............................................. | 47 |
| Chapter Five: I shoulda died............................................... | 52 |
| Chapter Six: Nickel Bags................................................... | 79 |
| Chapter Seven: Things to Look For.......................................... | 82 |
| Chapter Eight: Shake Me Wake Me............................................ | 85 |
| Chapter Nine: Donut Dollies................................................ | 88 |
| Chapter Ten: Physician Heal Thyself........................................ | 91 |
| Chapter Eleven: Chow....................................................... | 94 |
| Chapter Twelve: Ambush in the Valley of Death.............................. | 100 |
| Chapter Thirteen: Ratus Ratus.............................................. | 110 |
| Chapter Fourteen: Woof Woof................................................ | 112 |
| Chapter Fifteen: Stupid Kills.............................................. | 114 |
| Chapter Sixteen: Mama San.................................................. | 118 |
| Chapter Seventeen: The Ride Home........................................... | 120 |
| Chapter Eighteen: Fort Riley............................................... | 129 |
| Chapter Nineteen: Operation Reforger 2..................................... | 136 |
| Chapter Twenty: Of Times Lost and deeds Forgotten.......................... | 144 |
| Chapter Twenty-One: We Made It............................................. | 146 |
| Chapter Twenty-Two: The Letter............................................. | 147 |
| Chapter Twenty-Three: Best Friends......................................... | 152 |
| Chapter Twenty-Four: Walk a Mile in Our Boots.............................. | 158 |
| Chapter Twenty-Five: Harold and David Kelley............................... | 159 |
| Chapter Twenty-Six: Kenneth Feador......................................... | 181 |
| Chapter Twenty-Seven: Ralph E Alverson..................................... | 195 |
| Chapter Twenty-Eight: John A Moede......................................... | 209 |
| Chapter Twenty-Nine: Larry Ray Harris...................................... | 218 |
| Chapter Thirty: Van S Shipe................................................ | 221 |
| Chapter Thirty-One: Ted Day................................................ | 230 |
| Chapter Thirty-Two: Robert D Stubblefield (Stubby)......................... | 237 |
| Chapter Thirty-Three: James Denison........................................ | 245 |
| Chapter Thirty-Four: Henry Mobley.......................................... | 273 |
| Chapter Thirty-Five: Denny Killday......................................... | 288 |
| Chapter Thirty-Six: Vincent Acosta......................................... | 296 |
| Chapter Thirty-Seven: Joe King............................................. | 297 |
| Chapter Thirty-Eight: Mike Gaskins......................................... | 300 |
| Chapter Thirty-Nine: Wayne Henry........................................... | 303 |
| Chapter Fourty: Harold Guy................................................. | 305 |
| Final Thoughts............................................................. | 307 |
| To my fellow Vietnam Vets.................................................. | 309 |
| About the author........................................................... | 313 |
| About this Book............................................................ | 315 |
| Thanks..................................................................... | 317 |
CHAPTER 1
The Enemy Below
"During the Vietnam War 7,013 UH-1 Helicopters servedin country ... of these 3,305, were destroyed ... with a lossof life of 1,074 Huey pilots and 1,103 crew members."
Bright green tracers penetrated the "Triple Canopy" andfollowed us like a cat drawn to a fleeing mouse. Slowly at first, thenin an ever-increasing staccato, the deadly steel-jacketed rounds zeroedin on us and began punching holes in the body of our Huey ... tearingoff golf ball sized chunks of cast aluminum from the superstructureand sending them shooting in all directions.
I wondered how much punishment our chopper could absorbbefore a vital component was hit, sending us plunging to our deathsin the jungle below. The time for negative thoughts however, had longsince passed ... "my only concern was to pick up the wounded andkeep them alive until we reached the safety of a medical facility."
Scanning the dense foliage below, I looked for signs of an unseenenemy ... a glimmer of light from a fixed bayonet or possibly a gunbarrel that's bluing had long since worn off ... but what I saw wasnothing!
Our altitude was somewhat over 100 meters, well above the topsof the highest trees, yet somehow the bullets zeroed in on us withdeadly accuracy. I felt like the unwilling target in a Fourth of JulyShooting Gallery.
Below us, combat engineers worked feverously, clearing awayjungle and trees in an effort to build an emergency Landing Zone(LZ) for us. In the span of a few minutes, they had set out C-4 PlasticExplosives and "Det Cord" against all trees and brush within theproposed new LZ. It was a frantic battle, a battle against time andan enemy determined to destroy us.
"Fire in the hole ... Fire in the hole" rang out over the radio ofour chopper just as the explosives below detonated in a massive, earshattering, heart-pounding explosion. The result was an area, 50meters in diameter and free of any objects that could cause a potentialproblem for a helicopter landing.
Somewhere below us, the 311 NVA Battalion was engagedin a desperate battle with Delta Company of the First InfantryDivision and B Company of the 70th Combat Engineer Battalion.The engagement was a pointless and wasteful struggle of men andmaterial for a plot of land that had zero value to either side save theprice in lives that men were willing to pay for it.
Within seconds, the radio in our chopper sprang to life again ..."bring in the Medivac ... I say again bring in the Medivac! The LZ ishot ... I say again the LZ is hot." The hot referred not to the steamy100 plus degree ambient temperature in the Landing Zone below usbut rather the intensity of the direct incoming fire from the enemy.We had come into hot LZ's before, but never one taking such intensefire.
"Mike Echo Six Niner, be aware, we have control over less than50 % of the area surrounding the LZ," the RTO (Radio TelephoneOperator) on the ground barked out into his PRIC 25 Radio. Hisvoice was clear and concise yet embedded within it was a sense ofurgency and yes ... even fear.
"Shit," I quietly mumbled to myself, as a cold shiver ran downthe length of my body. I never believed much in organized religion,but maybe this was a message to me from a higher power telling methat something bad was about to happen.
Our Huey suddenly started taking a terrible pounding fromenemy fire. Red and Orange lights on the pilot's console suddenlycame to life, blinking on and off in rapid succession ... warning us ofimpending disaster.
In an effort to minimize exposure to enemy fire, our pilot decidedto approach the newly created LZ at a higher rate of speed thannormal, then dive down into it at a steep angle and pull up just beforehitting the ground. It was a risky move, but given the damage thatwe continued to sustain, a worthwhile one.
I could feel us pick up air speed then suddenly the pilot pushedthe nose over into a steep dive. I felt like I was on an E-Ticket Rideat Palisades Park. I could feel the G forces on my body pushing meback into the aluminum-framed seat. As we approached the groundbelow, we leveled out and went into a hover. "Holy Shit," I thought,"we made it"!
Nearing the ground, I could see scores of men, wrapped in bloodsoaked bandages sitting, standing and laying around the outer edgesof the LZ ... but there were too many of them ... far more than ourchopper could hold.
Behind the wounded were the dead, covered in ponchos. Thehurricane like force of our helicopter blades blew the ponchos offthem, revealing a macabre like setting of mangled bodies, lost livesand unfulfilled hopes. Other choppers would later take out the dead,but for now, the living came first.
As the landing skids on our Huey hit the ground, the woundedwere quickly brought to us ... some on litters, some carried by comradesand others helped by soldiers on either side of them.
On the ground, chaos reigned! Men were running in everydirection. The sound of gunfire was everywhere, along with explosionsfrom enemy B-40 rockets, hand thrown grenades, LAW (lightAntitank Weapon) Rockets and rounds from our M-79 grenadelaunchers. Within seconds, our Medivac was loaded with woundedand dying but as fate would have it, we were overloaded beyond ourmaximum lift capacity.
In other words, we could not take off!
I knew, as did the pilot and copilot that with such a staggeringweight on board, we would never lift off the ground but first wehad to try. Pulling slowly upwards on the Collective stick with hisright hand, the pilot tried to coax the UH1-D upwards. The enginesmoaned and groaned and strained as they tried to overcome thelaws of physics that controlled the situation, but it was not to be.We were pinned to the ground as surely as if we had been weldedto fixed metal structures whose roots were buried deep within theVietnamese earth.
The co-pilot turned to me and started yelling something into theintercom built into his helmet. I saw him mouth the words but heardnothing but static and the background noise of the engines throughmine. Designed to drown out 90% of all external noise (specificallythe engine noise) and allow us to communicate freely, the intercomsystem had suffered a catastrophic failure ... probably a machine gunround from below.
In our down time at Camp Coryell, we practiced and practicedand practiced for catastrophic failure scenarios including loss of theintercom. Reading lips was one of them and it proved to be a basicskill that was difficult to master. We believed that the odds of everhaving to use it were near zero. We were wrong!
Armed combat has a way of turning the unexpected into theexpected and of separating the fool and coward from the everydayhero!
I pointed at my helmet and shook my head from side to side,indicating that I could not hear him.
Watching his lips, I could make out the words "too much weight",then he held up four fingers indicating four men. We had to lightenour load by removing some of the wounded, but which ones.
The wounded were stuffed into our chopper like sardines in acan ... many were critically wounded. The decision on who wouldstay and who would have to get off fell clearly on my shoulders ... aresponsibility I did not take lightly.
Seeing the co-pilots gesture, three of the wounded quickly slidoff the skids of the chopper onto the ground and hobbled off into thebattle that surrounded us. It was a selfless act of bravery ... sacrificingthemselves for their buddies. It was but one of many that I wouldwitness this day.
We were, however, still one man heavy and since there was notime to re-evaluate the medical conditions of those onboard, I madea drastic decision ... I would stay behind.
I yelled into the microphone in my helmet to the pilot and copilotthat I would give up my spot, forgetting that the intercom was dead.The pilot pointed to his helmet and shook his head. I then pointed atmyself and pointed at the ground indicating that I would stay.
Reluctantly, the pilot agreed and shook his head to indicate so."Good luck" he mouthed. I would certainly need it!
I grabbed my aid bag, ammo, rifle and pack, jumped off and gavethe pilot the thumbs up signal. I wondered if I had made the rightdecision. Only time and God could answer that question.
The engines revved up and this time Huey # NP667 startedto lift off. Within seconds, my ride home cleared the treetops anddisappeared. A big lump formed in my throat. I was now part of amajor battle for yet another piece of worthless ground.
I quickly put on my gear and moved into the thick undergrowthjust outside the LZ. Suddenly, from behind me, I felt a tap on myshoulder. "Shit!" I thought it was an NVA. I turned quickly in thatdirection with my finger now on the trigger of my M-2 Carbine andstarted applying pressure to it. What I saw was the smiling face of asergeant from the 1st Infantry who immediately pushed the barrel ofmy rifle away from his chest.
"No more choppers coming in here Doc," he said. "It's too hot.We're pulling in both units to a tighter perimeter, then we're gonnacall in air strikes."
"We've got wounded out here," he said, "our medic is dead andwe need your help."
"OK," I yelled out, trying to make my voice heard over thedeafening noise of gunfire, death and pain. We made a mad dashto an area about fifty yards away, where the wounded had beenmoved.
They were scattered everywhere ... wrapped and covered withblood soaked bandages. Some grimaced and screamed in pain whileothers lay quiet and motionless as the forces of life slowly ebbed fromtheir bodies and souls.
Amidst all of the horror, screaming and dying, my mind flippedfrom kill and survive mode, to "Back Home Mode." It wasn't aconscious choice on my part but suddenly I flashed back to thewoods behind my grandparent's house in Iselin New Jersey in 1964.There, I spent many wonderful hours playing with friends or justby myself. It was there that I caught my first fish in the creek thatflowed from Colonia thru to Iselin. It was a beautiful and naturalsetting. Hardwood trees with large green leaves were everywhere. Itwould have made an ideal setting for a picnic with the family or agirlfriend.
Seconds later, I flashed back to the reality of warfare and realizedthat the trees that surrounded me might help save my life by slowingdown any bullets with my name on them, transforming a kill shotinto a wound shot ... at least that's what I hoped.
Six months earlier, I had volunteered to extend my Tour of Dutyfor an additional seven months. I wanted to fly Medivacs and Iwanted to get out of the army early but most of all, I wanted a BritishSports Car!
It was a decision made by a twenty two year old, obsessed withowning a Red or British Racing Green sports car. I calculated thateven after sending most of my paycheck home during my first tourthat I would be short on money to buy my Triumph.
I was determined to make enough extra money in Vietnam,possibly save a few more lives and return to civilian life with a brandnew sports car ... you know that low slung, five-speed sex machinethat was a chick magnet.
As a medic onboard a chopper, I would earn flight pay in additionto combat and base pay. "What a deal, I thought ... after only 18months in Nam I would have enough money for my hot new car.Wow ... Holy shit!
What could possibly go wrong, after all, I had conquered my fearof death during my first tour so this should be a cakewalk. In myhaste to "sign my extension papers," I neglected to factor in the NVAand VC into my "Sports Car Acquisition Equation"!
The enemy was everywhere; there was "nowhere to go and noplace to hide." The fighting was all around me. There was no frontand no rear to this engagement. If I was a negative thinking guy, Imight have classified this as being a "Custer's Last Stand" Scenario.
The wounded were scattered everywhere. I went from man toman, looking at their wounds and how they were bandaged. At FortSam during medical training, we were required to make out a medicaltag for each wounded man such that when that wounded soldierreached the next level of medical support, usually a field hospital,the nature of the wounds, the treatment and any drugs(morphine)given would be written out.
It was a brilliant idea, but in this combat situation, it was a wasteof time. In the time it takes to make out a med card, a medic canbe treating multiple patients. The decision to tag or not tag a manwas the medic's decision. I was never forced to make the distinctionbetween seriously wounded and walking wounded; the woundedmade that decision for me.
The walking wounded asked for nothing more than a bandage anda return to the fighting. We all recognized that in this engagement,every man played a critical role in determining how many of uswould survive.
Based on the number of casualties that I saw and the ferocity ofthe firing around me, I knew that this might well be the last day onearth for many of us, including me.
The word passed quickly from man to man ... we were completelysurrounded!
I grouped the most seriously wounded together in one smallopening in the undergrowth. Surrounding them were six guards, sixguards to protect those who could no longer defend themselves.
The medical supplies that I carried with me as I left the chopperbarely scratched the surface of what I needed to treat so manywounded.
A hand on my shoulder and a concerned look on the first sergeantsface told me the situation was worsening. "Doc, they're breakingthrough ... defend yourself!!!!
I turned my attention from the wounded and reached down formy M-2 carbine. It was loaded with two 30 round magazines tapedback to back and I had already chambered a round but had purposelyleft the safety on.
Crouching down into an almost kneeling position, I changedmy concentration to the jungle that surrounded me. Small armsfire around me intensified and I knew that the enemy was close ...probably only a few yards away, but I could see nothing beyond a fewpitiful feet to my front. I could feel the adrenalin pumping thru mybody and setting off heightened levels of sight and sound awarenessin me. It did one other thing to me also; it pissed me off!
I raised my rifle in the direction of the heaviest small arms firing,switched off the safety and pushed the selective fire switch forwardinto the "Auto" position changing my semi-auto rifle into a machinegun. It was my intention to loose as much firepower at the enemy assoon as I could. It had to be a confirmed sighting, however, and notjust sounds or the movement of bushes for it was my guess that theenemy troops and ours were now intermixed ... a no win situationfor either side.
Suddenly on my left, only a few yards away, a small group ofNVA burst out of the undergrowth and headed straight for us.
I fired an extended burst of about ten rounds, dropping all butthree of them. Ak47 rounds tore up the ground around me as theNVA came ever closer. More enemy to the right ... I then fired alonger burst, maybe 15 rounds or so.
Suddenly, an explosion knocked me off my feet. I felt a burningsensation in my left leg and knew at once that I was hit. Lookingdown I saw that the color on my left pant leg had changed from greento a dull red as blood was oozing from my leg. There were a couple ofsmall punctures in my ripstop nylon pants just above the knee. I sawno other evidence of a wound, so I removed my survival knife andripped open the pant leg just above the wound just to be sure thatthere wasn't a more severe wound that I had missed. There wasn't!
I reached up to the first aid pack that was attached to my webharness, ripped it open and placed the bandage over the oozingblood. Then I tied it tightly to my leg. I was good to go.
(Continues...)
Excerpted from Incoming the Men of the 70th by JACK "DOC" MANICK. Copyright © 2013 Jack "Doc" Manick. Excerpted by permission of AuthorHouse.
All rights reserved. No part of this excerpt may be reproduced or reprinted without permission in writing from the publisher.
Excerpts are provided by Dial-A-Book Inc. solely for the personal use of visitors to this web site.
"About the title" may belong to another edition of this title.
Shipping rates from Germany to U.S.A.
| Item | 16 to 45 business days | 16 to 45 business days |
|---|---|---|
| First item | US$ 54.83 | US$ 54.83 |
Payment methods
- Bank Wire Transfer
- Check
- Paypal
Store description
Online Handel nur mit Neubüchern
Seller's business information
Moluna GmbH
Engberdingdamm 27
Greven, Germany 48268
Terms of sale
Instructions for revocation/
Standard Business Terms and customer information/ data protection declaration
Revocation right for consumers
(A ‘consumer’ is any natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities.)
Instructions for revocation
Revocation right
You have the right to revoke this contract within one month without specifying any reasons.
The revocation period is one month with effect from the day,
-
on which you or a third party nominated by you, which is not the carrier, had taken possession of the products, provided you had ordered one or more products within the scope of a standard order and this/these product/products is/are delivered uniformly;
-
on which you or a third party nominated by you, which is not the carrier, had taken possession of the last product, provided you had ordered several products within the scope of a standard order and these products are delivered separately;
-
on which you or a third party nominated by you, which is not the carrier, had taken possession of the last part delivery or the last unit, provided you had ordered a product, which is delivered in several part deliveries or units;
In order to exercise your revocation right, you must inform us (Moluna GmbH, Engberdingdamm 27, 48268 Greven, Telephone number: 02571/5 69 89 33, Fax number: 02571/5 69 89 30, E-Mail address: abe@moluna.de) of your decision to revoke this contract by means of a clear declaration (e.g. a letter sent via post, fax or email). You can use the enclosed specimen revocation form for this, which however is not mandatory.
In order to safeguard the revocation period, it is sufficient that you send the notification about the exercise of the revocation right before the expiry of the revocation period.
Consequences of the revocation
If you revoke this contract, we shall repay all the payments, which we received from you, including the delivery costs (with the exception of additional costs, which arise from that fact that you selected a form of delivery other than the most reasonable standard delivery offered by us), immediately and at the latest within 14 days from the day on which we received the notification about the revocation of this contract from you. We use the same means of payment, which you had originally used during the original transaction, for this repayment unless expressly agreed otherwise with you; you will not be charged any fees owing to this repayment.
We can refuse the repayment until the products are returned to us or until you have furnished evidence that you have sent the products back to us, depending on whichever is earlier.
You must return or transfer the products to us immediately and, in any case, at the latest within 14 days with effect from the day on which you inform us of the revocation of this contract. The deadline is maintained if you send the products before the expiry of the 14 day deadline.
You bear the direct costs for returning the products.
You must pay for any depreciation of the products only if this depreciation can be attributed to any handling with you that was not necessary for checking the condition, features and functionality of the products.
Criteria for exclusion or expiry
The revocation right is not available for contracts
for delivery of products, which are not prefabricated and for whose manufacturing an individual selection or stipulation by the consumer is important or which are clearly tailored to the personal requirements of the consumer;
for delivery of products, which can spoil quickly or whose use-by date would be exceeded quickly;
for delivery of alcoholic drinks, whose price was agreed at the time of concluding the contract, which however can be delivered 30 days after the conclusion of the contract at the earliest and whose current value depends on the fluctuations in the market, on which the entrepreneur has no influence;
for delivery of newspapers, periodicals or magazines with the exception of subscription contracts.
The revocation right expires prematurely in case of contracts
for delivery of sealed products, which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after the delivery;
for delivery of products if they have been mixed inseparably with other goods after the delivery, owing to their condition;
for delivery of sound or video recording or computer software in a sealed package if the seal has been removed after the delivery.
Specimen - revocation form
(If you wish to revoke the contract, please fill up this form and send it back to us.)
-
To Moluna GmbH, Münsterstr. 105, 48268 Greven, Fax number: 02571/5 69 89 30, Email address: abe@moluna.de :
-
I/we () herewith revoke the contract concluded by me/ us () regarding the purchase of the following products ()/
the provision of the following service () -
Ordered on ()/ received on ()
-
Name of the consumer(s)
-
Address of the consumer(s)
-
Signature of the consumer(s) (only in case of a notification on paper)
-
Date
(*) Cross out the incorrect option.
Standard Business Terms and customer information / data protection declaration
I. Standard business terms
§ 1 Basic provisions
(1) The following terms and conditions of business apply for all contracts concluded with us as the supplier (Moluna GmbH) via the websites AbeBooks and/or ZVAB. Unless otherwise agreed, the inclusion of your own terms and conditions is explicitly rejected.
(2) A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman’ refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject-matter of the contract is the selling of products .
(2) If an article is placed by us with AbeBooks or ZVAB, the activation of the page on AbeBooks or ZVAB shall involve the binding offer to conclude a contract under the terms and conditions contained in the article page.
(3) The contract shall become effective via the online shopping cart system as follows:
The products intended for purchase are moved to the "shopping cart". You can select the "Shopping Cart" using the appropriate buttons on the navigation bar and make changes there at any time.
After calling up the “Checkout” page and entering the required personal data and payment and shipping conditions, all order information is then displayed again on the order summary page.
Before submitting the order, you have the ability once more to review or change any information here (you may also use the "back" button on the Internet browser), or to cancel the purchase.
By clicking the “Buy now” button to submit the order, you declare your legally binding acceptance of the order which makes the contract effective.
(4) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
§ 3 Right of retention, reservation of proprietary rights
(1) You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price is paid in full.
(3) If you are a businessman, the following conditions also apply:
a) We retain ownership of the goods until all the claims arising from the ongoing business relationship have been settled in full. The goods subject to retention of title may not be pledged or transferred by way of security before ownership of the said goods changes hands.
b) You can re-sell the goods within the framework of an orderly transaction. In this regard, you hereby cede all the claims amounting to the magnitude of the billing amount that accrue to you as a result of the re-selling operation to us, and we accept the cession. Furthermore, you are authorised to collect the claim in question. However, insofar as you do not discharge your payment obligations in an orderly fashion, we reserve the right to collect the claim ourselves.
c) In a situation involving the combination and amalgamation of the goods subject to retention of title, we acquire co-ownership of the newly-formed item. This co-ownership corresponds to the ratio that exists between the invoice value of the goods subject to retention of title and the other processed items at the time of processing.
d) If you make a request of this nature, we shall be obligated to release the securities that are due to us, to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.
§ 4 Warranty
(1) The statutory warranty rights are applicable.
(2) As a consumer, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping company in writing. Even if you do not comply with this request, it shall have no effect on your legal warranty claims.
(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to be agreed if you were informed of the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
(4)
Insofar as you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:
a) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we shall, at our discretion, provide warranty by rectification of the defect or subsequent delivery. If the rectification of defects fails, you may, at your option, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not be obliged to bear the increased costs arising from the transport of the goods to a place other than the place of performance, unless such transport is in accordance with the intended use of the goods.
c) The warranty period shall be one year from delivery of the goods. The shortening of the period shall not apply
- for culpable damage attributable to us arising from injury to life, limb or health and for other damage caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- in the case of items which have been used for a building in accordance with their customary use and have caused its defectiveness;
- in the case of statutory rights of recourse that you may assert against us in connection with rights arising from defects.
§ 5 Choice of law, place of fulfilment, jurisdiction
(1) German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt principle).
(2) If you are not a consumer, but a businessman, a legal entity under public law or an institutional fund governed by public law, our place of business is the place of jurisdiction as well as the place of fulfilment for all services that follow from the business relationships that exist with us. The same condition applies to situations in which you are not associated with a general place of jurisdiction in Germany or the EU, as well as situations in which the place of residence or the usual place of residence is not known at the time of commencement of proceedings. This has no bearing on the capacity to call upon the court associated with another place of jurisdiction.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.
II. Customer information
- Identity of the seller
Moluna GmbH
Engberdingdamm 27
48268 Greven
Germany
Telephone: 02571/5698933
E-Mail: abe@moluna.de
- Information regarding the conclusion of the contract
The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance to the regulations "conclusion of the contract" in our standard business terms (part I.).
- Contractual language, saving the text of the contract
3.1 Contract language shall be English.
3.2 The complete text of the contract is not saved with us. Before the order is sent, the contract data can be printed out or electronically saved using the browser’s print function. After the order is received by us, the order data, the legally-mandated details related to distance selling contracts and the standard business terms are re-sent to you via e-mail.
- Main features of the product or service
The key features of the goods and/or services can be found in the respective quote.
- Prices and payment arrangements
5.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components, including all the incidental taxes.
5.2 The dispatch costs that are incurred are not included in the purchase price. They can be viewed by clicking the appropriate button on our website or in the respective quote, are shown separately over the course of the order transaction and must additionally be borne by you, insofar as free delivery is not confirmed.
5.3 The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the respective quote.
5.4 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.
- Delivery conditions
6.1 The delivery conditions, delivery date and existing supply restrictions, if applicable, can be found by clicking the appropriate button on our website or in the respective quote.
Unless a different period is specified in the item description or our delivery conditions, the goods are delivered within 3-5 days after the conclusion of the contract (in case an advance payment has been agreed upon, after the payment authorisation).
6.2 If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being destroyed or degraded during shipping only passes over to you when the item in question is delivered, regardless of whether or not the shipping operation is insured. This condition does not apply if you have independently commissioned a transport company that has not been specified by us or a person who has otherwise been appointed to execute the shipping operation.
If you are a businessman, the delivery and shipping operations take place at your own risk.
- Statutory warranty right
Liability for defects is governed by the “Warranty” provisions in our General Terms and Conditions of Business (Part I).
last update: 01.01.2022
Data protection declaration
Unless stated otherwise below, the provision of your personal data is neither legally nor contractually obligatory, nor required for conclusion of a contract. You are not obliged to provide your data. Not providing it will have no consequences. This only applies as long as the processing procedures below do not state otherwise.
“Personal data” is any information relating to an identified or identifiable natural person.
Responsible person
Contact us at any time. The contact details of the person responsible for data processing can be found in our legal notice.
Collection, processing, and transfer of personal data in orders
When you submit an order we only collect and use your personal data insofar as this is necessary for the fulfilment and handling of your order as well as processing of your queries. The provision of data is necessary for conclusion of a contract. Failure to provide it will prevent the conclusion of any contract. The processing will occur on the basis of Article 6(1) b) GDPR and is required for the fulfilment of a contract with you.
Your data is transferred here for example to the shipping companies and dropshipping providers, payment service providers, service providers for handling the order and IT service providers that you have selected. We will comply strictly with legal requirements in every case. The scope of data transmission is restricted to a minimum.
Duration of storage
After contractual processing has been completed, the data is initially stored for the duration of the warranty period, then in accordance with the retention periods prescribed by law, especially tax and commercial law, and then deleted after the period has elapsed, unless you have agreed to further processing and use.
Rights of the affected person
If the legal requirements are fulfilled, you have the following rights according to art. 15 to 20 GDPR: Right to information, correction, deletion, restriction of processing, data portability. You also have a right of objection against processing based on art. 6 (1) GDPR, and to processing for the purposes of direct marketing, according to art. 21 (1) GDPR.
Right to complain to the regulatory authority
You have the right to complain to the regulatory authority according to art. 77 GDPR if you believe that your data is not being processed legally.
Right to object
If the data processing outlined here is based on our legitimate interests in accordance with Article 6(1)f) GDPR, you have the right for reasons arising from your particular situation to object at any time to the processing of your data with future effect.
If the objection is successful, we will no longer process the personal data, unless we can demonstrate compelling legitimate grounds for the processing that outweigh your interests or rights and freedoms, or the processing is intended for the assertion, exercise or defence of legal claims.
last update: 10.01.2022