Printed cups that arrive wrong: what the Sale of Goods Act 1979 says to a business buyer about description, quality and samples

A business that orders a run of printed cups for a bar, an event or a promotion expects the cups that arrive to look like the artwork it approved. When they do not, the Sale of Goods Act 1979 is the starting point for a buyer that is not a consumer. This article sets out what the sections on description, quality, samples and acceptance say, who they leave out, and what the Act does not say about printed goods. It is a reading of the sections and not legal advice.

Who the sections cover

Each of sections 13, 14, 15, 35 and 35A, and section 55, contains a provision saying it does not apply to a contract to which Chapter 2 of Part 1 of the Consumer Rights Act 2015 applies, with a pointer to the equivalent provisions of that Act. Contracts with consumers therefore sit elsewhere, and our guide to cancelling an order for personalised cups covers one rule that applies to them. The sections read here are the ones for a sale to a business. Sections 13, 14, 15, 35, 35A and 55 extend to the United Kingdom. The terms they imply are conditions as regards England and Wales and Northern Ireland, and the Scottish position was not read for this article.

Description

Section 13(1) implies a term that goods sold by description will correspond with the description. If the sale is by sample as well as by description, section 13(2) says it is not enough that the bulk corresponds with the sample if the goods do not also correspond with the description. In our reading, an approved visual or artwork file that the order refers to is part of the description of a printed cup, so that the wrong logo, the wrong colour or the wrong text is a question under this section. The Act itself does not mention printed goods.

Satisfactory quality

Under section 14(2), where the seller sells goods in the course of a business, there is an implied term that they are of satisfactory quality. Section 14(2A) sets the standard as what a reasonable person would regard as satisfactory, taking account of any description of the goods, the price if relevant and all the other relevant circumstances. Section 14(2B) says the quality of goods includes their state and condition, and lists as aspects in appropriate cases fitness for all the purposes for which goods of the kind are commonly supplied, appearance and finish, freedom from minor defects, safety and durability.

The term does not extend to a matter that was specifically drawn to the buyer's attention before the contract, or that an examination by the buyer before the contract ought to have revealed, or, in a sale by sample, that would have been apparent on a reasonable examination of the sample (section 14(2C)). Section 14(3) adds a term of reasonable fitness for a particular purpose that the buyer makes known to the seller, unless the buyer does not rely, or it is unreasonable to rely, on the seller's skill or judgment.

The promotional cups page describes the event and coffee cups as reusable, BPA-free and dishwasher safe. In our reading, a print that lifts in a dishwasher on a cup described that way is a question of fitness for common purposes and durability, but the Act does not say so, and a buyer would have to show the facts.

Sale by sample

A contract is a contract for sale by sample where there is an express or implied term to that effect (section 15(1)). Section 15(2) then implies that the bulk will correspond with the sample in quality and that the goods will be free from any defect making their quality unsatisfactory which would not be apparent on reasonable examination of the sample. In England, Wales and Northern Ireland that term is a condition (section 15(3)).

The sample cup page says samples are not custom printed with your artwork and that they showcase previous work, and that free on-screen 3D visuals of a bespoke design are included. In our reading, that means a sample cup is evidence of the quality of the cup and the print process, and not of how your artwork will look, unless the order says otherwise. Whether a contract is for sale by sample depends on its terms, so a buyer who wants the benefit of section 15 should write into the order what the sample is a sample of.

Accepting and rejecting

Section 35 says a buyer is deemed to have accepted goods when they tell the seller they have accepted them, or when the goods have been delivered and the buyer does any act inconsistent with the seller's ownership. A buyer is also deemed to have accepted goods when, after a reasonable time, they keep them without telling the seller they have rejected them. Under section 35(2), the first kind of acceptance does not arise until the buyer has had a reasonable opportunity to examine the goods to check conformity with the contract and, in a sale by sample, to compare the bulk with the sample, and under section 35(5) whether a reasonable time has passed takes account of whether the buyer has had that opportunity. The Act sets no number of days. Asking for or agreeing to a repair does not by itself mean acceptance.

Section 35A says that a buyer who has a right to reject goods because of a breach affecting some or all of them, and who accepts some of the goods, including all unaffected goods, does not lose the right to reject the rest. It applies unless a contrary intention appears in the contract.

Section 15A, which applies to England, Wales and Northern Ireland and not to Scotland, says that where a buyer would have the right to reject for a breach of the terms implied by sections 13, 14 or 15, but the breach is so slight that it would be unreasonable to reject, the breach is treated as a breach of warranty and not of condition. It is for the seller to show that the breach falls within that description, and the section applies unless the contract indicates otherwise.

Contracts can change the position

Section 55 says that a right, duty or liability arising by implication under a contract of sale may, subject to the Unfair Contract Terms Act 1977, be negatived or varied by express agreement, by course of dealing or by binding usage, and that an express term does not negative an implied term unless inconsistent with it. The Unfair Contract Terms Act was not read for this article. In our reading, the practical step is to read the order terms before the print run is made, and ask what is written about samples, approval and returns.

What the Act does not say

The Act does not mention printed goods, proofs or artwork. It applies to contracts of sale, and where a contract is mostly for work, other legislation may apply, and none was read for this article. It also does not set out remedies in damages. On delivery, the sensible course in our reading is to open the boxes promptly, compare a spread of cups with the approved visual and the sample, and tell the seller in writing what is wrong. If you are planning a printed run, ask for a quote and put the approval route in the order.

Where this stands

This was checked on 6 October 2026. Each section read shows no known outstanding effects. Sections 13, 14, 15, 35, 35A and 55 extend to the United Kingdom, and section 15A to England, Wales and Northern Ireland.