8Legal advice to be obtained before agreement is made

8 Legal advice to be obtained before agreement is made

(1) If a horticulture produce agreement is to be for a term of 90 days or more, before executing the agreement, the trader must ask the grower to provide the trader with either: (a) a signed statement by the grower that the grower has received independent legal advice about the agreement; or (b) a signed statement by the grower that the grower has been told by the trader that independent legal advice should be sought about the proposed agreement but has decided not to seek that advice. (2) A trader under a horticulture produce agreement that has been operating for 90 days or more must ask the grower to provide the trader with a statement of a kind set out in subclause (1) unless the trader has previously asked for the statement in the circumstances set out in subclause (1). (3) The trader must ask the grower for the statement within 14 days after the end of the 90 day period. (4) The grower must comply with the request within 21 days after receiving it. (5) Subclause (1) does not prevent a trader from requiring a grower to give the trader a signed statement that the grower has received independent legal advice about the proposed horticulture produce agreement.