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... Sons v. Williams & Sons Ltd.4 However it is the last two that are the important and relevant to the present case. In the present case, the two clauses that are the basis of the dispute are: Paragraph 1 (a), which is, Kipper Ltd reserves the right to substitute the order with a suitable alternative without prior notice. Paragraph 2 which is, In the event that Kipper Ltd is unable to supply the customer with the order, the buyer will nonetheless remain liable for the payment under the terms of the contract. Kipper Ltd, must show that the clauses in dispute were incorporated before or at the time of the contract, Thornton v Shoe Lane Parking Ltd.5 In the present case, Kipper Ltd provided Floyd an invoice with every delivery. Floyd may argue that the invoice was nothing more than a receipt, and was unaware of any clauses in that invoice. Thus the incorporation of ...