summary judgment stage the documents regarding here missions were passed by f m s to their spine which are those that i am not going to mislead the court we didn't spend a whole lot of time on it and i believe that we did briefly is these addresses but no it was not raised or the facts were at least for the trial court both for the emissions and for the invoices in the purchase orders for well you're either much like the trial or judge i'm not an expert in the u c c but what i can tell you is that we sent a purchase order and we got confirmation in terms of their invoice that specifically identified the number the hard number and everything else so busy i think that's a legal conclusion that i will leave to the bench that the sat but i think you have all the information to address that  not trying to dodge it but if there is something i'm not addressing please let me know of the so those take here the three points that i want to raise or you want me to address i statue a fraud point they're supposed to plead it is an affirmative effect you're supposed to bring it to six hundred and nineteen motion seven before you answer to address these buttons so we can solve it really really and that was  provide the one element of court of both prejudice that they're alleging would have been addressed at that point in time so when they st raised the statute of frauds with that motion for summary judgment after discovery was close should allow us to repeat it as we could no prejudice and by doing so i believe we can meet all the requirements for both maybe not the product stuff but they didn't want to know they did at that time also claim right to give the haitian that at a point in time where there was no claim against when fast by anyone for any damage six months after the original clear at all is what were the terms of the alleged agreement that we are claimed to have breached and i have to take issue with counsel here there's no doubt that you look at the documents the council site you will see that on the invoice from wife i have two twin fasteners that would be under tab six the know and description are simply copied from the purchase order itself has the same information exception may or may well apply i will concede that what i will tell you because i think from the record that the question of whether we of whether there was any evidence oh reach of the terms of the oral agreement that we just agreed i just well read the question that we're asking in this order to some degree have to do with not whether there was any additional agreement and terms that we had a reason and that again goes to whether we have been provided with the specifications and the tolerance for this particular part which the record is very clear we didn't have those that information until january rd team well after the purchase or  raising it in response or motion or summary judgment because it wasn't raised at that point in time the invoice that what we're providing you with is a half inch english measurement space that is the problem has been in the industry for thirty years it's his whole life with all due respect and i'm pretty darn sure he here there are questions of fact regarding those issues if nothing else