eating it to the district court erred when it glossed over the plain language of the form selection clause and read language into the clause that did not exist how the district performed the necessary the shipping certainly is part of the contract but these costs are things like trains and police escorts and things of that nature that are actually rather extraordinary circumstances before before i mean before the product was shipped what was what was the arrangement who was who was the paper shipping and how much was left out process yes or so under the purchase order it would be petro china that would actually foot the bill for the shipping so they were they received a budgeted price an estimate if you will that was going to be confirmed at the time that shipping pursuant to the purchase order and then the change orders that incorporated all the terms of the purchase order these cost these accident costs a rose after all of that so the exchanges were actually mid transit when frost love went into a fact and examine the purchase order carefully there is not no provision that actually speaks to this accident hospital now petro china has attempted to bring that under the umbrella of the purchase order by saying  interpretation issue that the form selection clause would point to alberta canada your honor i i definitely understand that perspective but the plain language of the agreement represented by quite a bit of case law if you look at the the actual plain language of the form selections like it clause it is very very narrow it simply says that this rising i'm sorry then which is narrowly more narrowly construed than a broad language of relating to this purchase order shall be governed by an construed in accordance with the laws of the province of alberta and the canada that's correct sir so for you know for you to prevail there what's what's the interpretation that allows the three of us to to rule in your favor the interpretation  know an agreement as in fact it's true there were exchangers purchased but beyond that we don't have to look at the contract at all to put on our cases in chief all we need to do is demonstrate that these costs were incurred that they were there for the so you use the term budgeted shipping cost a few minutes ago this is the does the purchase order use the term budgeted shipping cost your honor i believe i  has in its briefing made a point that they rely upon this provision to say that we would foot the bill for all of this should be neat because the shipping is it is a fixed cost but that's actually not what the contract change order has been entered into for if you look at the purchase order and the change order you will find nowhere in there these costs that are reference moralize incorporated their end they just don't exist just my problem is that i'm looking at them as part of the shipping costs even though they may not have been conflict contemplated and i think we all agree that the change orders if they don't specifically change a term they we go back to the contract in the form selection clause remains  that's absolutely correct and in this case actually every change order said incorporated all of the provisions from the purchase order but here there was no change order and just to direct you back quickly to the actual language of the when there was when petro china wanted to change the delivery dates that they would use something to the effect that they were warned that that could affect shipping costs and that type of things you can you tell me we're on the record in m that yes sir i can says in response to the motion for the response to the motion to dismiss there were several several exhibits that were eighty four that is where our clients my clients on nine twenty three of two thousand and thirteen actually warned petro china that there could be problems if they chose to costs are not the purchase order they're not under the purchase order they again certainly the exchanges were purchased but beyond that fact there are no other facts that are accepted unless official change orders have been issued by the buyer so again we have a contract here expressly saying we realize shipping charges may change if they do within ten days of finding about that change you have to let us know you have article nine point one and it says here the price you will be company for the goods is fixed and is set out in this country order and that includes the hacking creating labeling stores insurance and other customs duties or have an and the parties agree to acceptance in it to the exclusive jurisdiction of the courts of the province of alberta so tell me on pardon me here really is those first three words this purchase order necessarily modified the entire paragraph is the article one one which is the definitions on page two twenty four and it defines purchase order as meaning collectively the purchase order issued by the company these terms and conditions and all documents means those documents material and direction including drawings and specifications in whatever form with a hard copy or less colonic relating to the goods where this purchase order so there we have that any document that relates to the purchase order so much we're going to say that invoices kind of plain shipping charge changes under this purchase order are not part of the purchase order even completely throw this whole definition of a do without looking that contract to see if the government there's no way to have any relationship the parties defined to understand that would be unjust enrichment you have to do is look at this contract and that contract even under the narrowest possible reading the council's propose time left for marshall thank you your honor i really only have just to point you i have touched upon after  mean they're part of the shipping process they're not these random things that are out there that weren't anticipated i mean you were e mailing about that type of thing well certainly i mean they're part of that but they were it wasn't the kind of shift being that is contemplating by the contract right the contract contemplates ok if we put these things on a truck we haul them up to canada and there you go we're not contemplating that we need police escorts that we need you know massive cranes to be brought in and you know they're big they're very big very big employees to work those things and it goes on from there