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The most common mistake in purchasing contracts for the tyre passport

Many companies leave the digital tyre passport out of their purchasing contract, with the result that nobody can demonstrate they are responsible for the data. This article shows where this goes wrong and how you can avoid it.

The most common mistake in purchasing contracts for the tyre passport is that the obligation is simply not mentioned. Companies assume that the manufacturer or importer will supply the data as a matter of course, while the contract says nothing about who does this, when, and what happens if that party stops delivering or changes ownership. This creates a gap that only becomes visible when you need the passport: during an inspection, when a new customer asks for it, or when you change suppliers.

The solution is not complicated, but it does require a deliberate step: include the supply of passport data as an explicit contractual condition, just as you already do with price, delivery time and warranty. This prevents responsibility from silently falling on you, when you were not prepared for it.

Where things go wrong

Purchasing contracts for tyres are often drawn up years ago and have barely been adapted since. They regulate volumes, discounts and liability for defects, but are silent on digital product information because that obligation did not exist at the time. Anyone who now enters into a new contract without adding that subject merely repeats a gap that now has consequences.

A second recurring problem is that companies automatically assume that the other party in the chain is responsible. The importer thinks the manufacturer will handle it, the wholesaler thinks the importer will handle it, and nobody checks who exactly fulfils the role of supplier for the specific tyre model being purchased. This distinction determines who must supply which data, and it is not the same for every tyre model.

A third mistake is that the contract covers the initial supply of data but not its maintenance afterwards. A passport is not a one-time document; data can change, for example when there is an adjustment in the product specification. Without an agreement on who passes on that change and within what timeframe, a passport remains unintentionally outdated.

What this means in practice

If you purchase from multiple suppliers, you often only notice this difference when comparing. One supplier delivers passport data in a structured manner, the other leaves it to you to figure out what is exactly needed. Without a contractual agreement, in that second case you have no leverage, and you are dependent on goodwill.

The same applies when switching to a different software supplier for managing the passports themselves. If nothing has been laid down in your purchasing contract with your tyre supplier about the format in which data is supplied, that switch often stalls due to missing or incomplete data. This therefore not only affects your relationship with your tyre supplier, but also the explanation per topic in the knowledge base on how the different links in the chain interact with each other.

How you can avoid it

The first step is simple: determine per tyre model who acts as a supplier in the chain, and record this as part of the purchasing arrangements. This prevents later disputes about who must supply which data. If you are unsure about that role division, you can have that clarified with a few questions before you draw up the contract.

The second step is to supplement the contract with a concrete provision on data supply: in what form, via which channel, and within what timeframe after a change in the product specification. This is not necessarily bespoke legal work, but it is a subject that deserves as much attention as warranty terms.

What you can record

Consider agreements on who supplies or has the QR data carrier created, who is responsible if a tire model is phased out, and what happens to existing passports if you switch suppliers. It is also advisable to establish how long data is retained and remains accessible, since a passport must be available for an extended period. How this is technically arranged, you can read on the page about where the information comes from.

These agreements are not a substitute for legal advice on your specific contract. For the explanation of concepts such as supplier and market participant, and for questions that fall just outside this subject, is the overview of frequently asked questions a logical next step.

Are you unsure whether your current supply contracts already cover this subject sufficiently? Do the free quick-scan or read the other topics in the knowledge base to see where your company can still take action.

This article is general information and not legal advice.