The most common mistake in the purchase contract for the furniture passport is that the contract regulates delivery, but not the period thereafter. It is agreed who draws up the passport and when it will be ready, but not who remains responsible if something changes with the product, if the data no longer matches, or if the supplier stops providing the service at any time.
This happens especially because a purchase contract for a digital product is often treated as an ordinary software delivery: delivered once, invoiced once. However, the passport does not work that way. The regulation expects that the information remains accessible for ten years and, where relevant, remains up to date. A contract that only covers the start-up phase leaves precisely the part unnamed where most risks lie.
Why this goes wrong especially with the furniture passport
With ordinary software, a failure is annoying, but usually can be resolved temporarily. With the furniture passport, it is different: if the QR code after sale no longer leads to a functioning page, that is not only a technical problem but possibly also an obligation that is not being met. Who is responsible for this, the manufacturer, the importer or the software supplier, depends on what is stated in the contract and on the role your company has in the chain. If that is not stated there, it must be sorted out afterwards, often at a time when something has already gone wrong.
A second reason is that procurement and legal responsibility are often handled by different people. The buyer negotiates price, delivery time and functionality. The question of who after completion of the contract is the owner of the data, who may amend the information and what happens in the event of supplier bankruptcy, rarely comes back there explicitly.
What specifically is often missing
Who remains responsible after delivery
Many contracts state who draws up the passport, but not who must ensure that the content remains correct if a product is modified, or if an error in the data is discovered. That is not a matter of goodwill, but of a clear agreement: who reports changes, within what timeframe, and who can be contacted for that.
What happens if the supplier stops
A supplier who provides hosting can stop that service, be taken over, or go bankrupt. A contract that says nothing about continuity leaves open what happens to the already published passports. This directly affects the obligation that the passport must remain accessible for ten years; what exactly is expected from whom in this regard has not yet been worked out equally clearly in all cases in practice, and that is precisely where a contract can provide clarity.
Ownership of the data and the QR code
At the end of a collaboration, it is not always established whether the accumulated data and the generated QR codes pass to the client, or remain with the supplier. Without that agreement, an unnecessary delay arises when switching to another supplier.
How to prevent this
The core is that a purchase contract for the furniture passport is not only about the start-up phase, but also about management thereafter. Think of agreements about who makes changes, what happens at the end of the contract, and who is liable if data proves to be incorrect. For companies dealing with this for the first time, it helps to know beforehand what role your company has in the chain, because that also determines which agreements are relevant. In the knowledge base where this has been worked out per situation is an overview of the subjects that come back in these kinds of contracts.
It is also worthwhile to clarify beforehand where your company currently stands, before you sit down with a supplier. With a few questions that immediately give an indication you get a first impression, without having to sign a contract beforehand. If you want to know exactly how the data you provide is processed and hosted, we will explain that on the page that shows where the information comes from.
Because the precise allocation of responsibilities depends on the arrangements you make yourself, and on the role your company has according to the regulation, it is advisable to have a specific contract reviewed by a lawyer before you sign. General information, such as this article, cannot replace that review.
If you want to first get an impression yourself of what applies to your company, take the free quick-scan or browse through the topics in frequently asked questions about the furniture passport.