© 2023 What's That Charge [5] Motiva operates as a distributor of Shell and 76 branded gasolines within its operating territory. Travis plays a key role in Motiva's long-term growth plans. Credit Union v. Martin, 29 S.W.3d 86, 92 (Tex. Respond To Mail Offer. In 2007, he moved to Shells Puget Sound refinery, returning to Motiva in 2010 to work on the Crude Expansion Project in Port Arthur. Bill also served as General Manager of Shells West Region Sales & Operations, overseeing 3,000 Shell-branded stations in 11 states. How can I tell if an email is fraudulent? If you accept an offer a hard inquiry will be made. Currently indexing 123,740 unique credit card line item charges. Maybe it's a mysterious $1 fee that could be a scam, or you suspect someone took your card number for a shopping spree. She joined Motiva in 2014 as Refining Finance Manager and since then has held multiple leadership positions of increasing responsibility. in effect@ at the time of purchase. In their free time they enjoy traveling, spending time with family and volunteering. In their spare time, Jeff and his wife Andrea enjoy traveling and hiking together. The email details an offer or product under terms that vary significantly from the market average. Instead, the majority of decisions suggest that a commercially reasonable DTW price, that is, one within the range of DTW prices charged by other refiners in the market, is a good faith price under section 2.305 absent some evidence that the refiner used pricing to discriminate among its purchasers. . The seller, however, abandoned this practice, raising the price without notice. at 457. We agree with those decisions that have upheld the posted price presumption against similar attacks. Motiva Enterprises owns and operates the Port Arthur Refinery in Port Arthur, Texas. Brenda and her husband Conly have been married for 28 years and have two children. 2023. "Our partnership with Kyndryl is an important step on the path to better optimize IT operational costs while advancing our digital transformation strategy. Law. at 214-15. He develops agile teams that tackle new opportunities quickly to help Motiva gain marketplace advantages. 1997) (same). what happened to the sylvers father what happened to the sylvers father [8] After Texaco merged with Chevron in 2001, Shell and Saudi Refining purchased Texaco's interests in the joint ventures. Do not include any dates, amounts, or any personal information. Shell markets gasoline to the public through a retail network that includes not only lessee dealers, but open dealers and company-operated stations as well. If you have any questions or concerns about the validity of a communication or a request that uses Motivas name or logo, please do not respond to the suspicious communication. Prior to joining Motiva, Rose spent more than two decades at Shell, serving in a variety of leadership roles in both Finance and Accounting. Theyre a genuine part of our success, committed to the same practice of excellence that we are. Vi, Yahoo, r en del av Yahoos varumrkesfamilj. The competitive circumstances of each Dealer in the same pricing zone may vary from station to station, and yet Shell must treat them all the same. Any lack of subjective, honesty-in-fact good faith is abnormal; price discrimination is only the most obvious way a price-setter acts in bad faith B by treating similarly-situated buyers differently. Shell points out that the Dealers= own expert agreed that the lessee dealer is Aa class of trade whose economic viability is dying@ due to broader market forces, including the entry of mass merchandisers into gasoline retailing. Bus. at 215. A $4 transaction titled simply "Wagon Road" may . To balance these concerns, the drafters created a presumption under Official Comment 3 that a Aposted price@ or Aprice in effect@ is a good faith price that may be rebutted only by evidence of discrimination. Marketing outlets include 5200 Shell and 76-branded service stations. Likewise, the court of appeals concludes that this is not the normal case because the price, although commercially in line with that charged by other refiners to their lessee dealers, may have been motivated by an improper underlying purpose to eliminate some dealerships. Instead, the Dealers submit that the definition of good faith incorporates two elements: a subjective element, Ahonesty in fact,@ and an objective element, Athe observance of reasonable commercial standards of fair dealing. mesurer votre utilisation de nos sites et applications. White & Robert S. Summers, Uniform Commercial Code ' 17.6 at 167 (4th ed. The drafters, however, also wished to minimize judicial intrusion into the setting of prices under open-price-term contracts. (d) Where, however, the parties intend not to be bound unless the price be fixed or agreed and it is not fixed or agreed there is no contract. The company designs, builds, manages and modernizes the complex, mission-critical information systems that the world depends on every day. Pa. 1982); Adams, 465 S.E.2d at 86. what happened to the sylvers father - dutchclarke.com The Mathis court identified the central issue to be whether good faith required observance of both subjective and objective good faith in light of the apparent "safe harbor" described in Official Comment 3. Shell moved for summary judgment on Dealers= good-faith pricing claims, contending that it was entitled to judgment as a matter of law because it charged a posted price applied uniformly to all Dealers and was a commercially reasonable price as well. She has a deep understanding of the organization and the strategic role it plays in the business. That means that the debt on a card that doesn't carry a balance is typically considerably lower than a card with a balance. Disregarding the posted-price presumption, the court concluded that this was not a normal case because the dispute was Anot over the amount of the increase B that is, the price that the seller fixed B but over the manner in which that increase was put into effect. at 806. You're all set! 1995) (noting that Athe subjective rule never prevailed in Article 2 with respect to merchants@ and that in Avarious other articles of the Code there has been a movement from subjective to objective definitions of good faith@). Click Here. Pour en savoir plus sur la faon dont nous utilisons vos donnes personnelles, veuillez consulter notre politique relative la vie prive et notre politique en matire de cookies. motiva enterprises qps houston tx - portuguesebasket.com Instead contact us directly. This result appears to conflict with the drafters= desire to eliminate litigation over prices that are nondiscriminatory and set in accordance with industry standards. Code ' 1.201(b)(20) cmt. |, Los productos Fortiva Credit Card (Tarjeta de Crdito Fortiva) y Fortiva Retail Credit (Crdito Minorista de Fortiva) son emitidos por The Bank of Missouri, Perryville, MO. Contact, INTERNATIONAL ONLINE PURCHASE INSUFFICIENT FUNDS FEE:TRLHKRS.COM 8884929410 CY. 4 Best Charge Cards (May 2023) - WalletHub @ Id. ' Evidence that different prices are available to different classes of trade is not evidence of bad faith under section 2.305. The trial court concluded that the refiner had established its good faith as a matter of law, but the court of appeals reversed the summary judgment, concluding that circumstantial evidence raised a fact issue about the refiner=s good faith. [9], In 2016, Motiva obtained an exclusive license for the 76 gasoline brand on the east coast, previously a West Coast-only brand. Dealers further assert that Shell=s DTW pricing is part of a plan to replace them with company-operated outlets which are more profitable for Shell. motiva enterprises houston tx charge on credit card Category. This charge has been reported as trusted by 42 users, 57 users marked the credit card charge as suspicious. TARGET00024653SANDIEGOCA Shell argues that these circumstantial factors are either irrelevant, unrelated to Shell=s pricing, or unsupported by the record. Motiva Enterprises, LLC, is an American company that operates as a fully-owned affiliate of Saudi Aramco.Headquartered in Houston, Texas, it had revenue of $37 Billion. The drafters reasonably foresaw that almost any price could be attacked unless it benefitted from a strong presumption. She is at the forefront of protecting Motivas business interests and building the companys reputation in the industry. To check your charge names you can copy and paste them, one per line, into the box below. The Houston subsidiary of Saudi Arabia's national oil company, Saudi Aramco, Motiva Enterprises refines and distributes fuels, base oils and specialty products to wholesalers in the Automotive, Industrial and specialty industries. Those rewards include an initial bonus of up to 50,000 points, as well as ongoing earning rates of 1 - 7 points per $1, depending on the purchase category. Id. Rather we conclude that allegations of dishonesty under this section must also have some basis in objective fact which at a minimum requires some connection to the commercial realities of the case. Brenda joined Motiva in 2001 at the Port Arthur Refinery in Texas and has held a variety of positions in the environmental, compliance, and health, safety, security. Subsection [b], dealing with the situation where the price is to be fixed by one party rejects the uncommercial idea that an agreement that the seller may fix the price means that he may fix any price he may wish by the express qualification that the price so fixed must be fixed in good faith. & Com. Bus. Language links are at the top of the page across from the title. In the Dealer Agreement, each dealer agrees to buy Shell-branded gasoline from Shell at the Adealer prices . Moody's announces completion of a periodic review of ratings of Motiva Enterprises LLC. Joint venture between Shell Oil and Saudi Refining, Motiva Enterprises' co-owners to split U.S. refineries on May 1: sources, Shell completes sale of Motiva assets to Saudi Aramco, How Saudi Arabia successfully defended its U.S. oil market share, "Aspects of the Refining/Marketing Joint Ventures of Shell Oil, Star Enterprises, and Texaco", Motiva Announces Progress on Refinery Expansion Project, Shell Pennsylvania Petrochemicals Complex, Movement for the Survival of the Ogoni People, https://en.wikipedia.org/w/index.php?title=Motiva_Enterprises&oldid=1151359297, Short description is different from Wikidata, All Wikipedia articles written in American English, Creative Commons Attribution-ShareAlike License 3.0, Partnership ended in 2017, Shell sold its part to Saudi Aramco which became the whole owner, This page was last edited on 23 April 2023, at 14:56. The price increase failed to conform to commercially reasonable standards both in Athe timing of the announcement and [the seller=s] refusal to protect work already bid at the old price. In this role, Rose oversees management of all the companys financial functions including accounting, audit, treasury, tax, trading risk and compliance. The sender requests you click on a link or otherwise provide them with your personal information, such as Social Security Number, bank account number, or password. 102 S.W.3d 205. 102 S.W.3d 205. 102 S.W.3d at 214 (A73-80% of [the Dealers=] Houston competition paid rack price B or lower B for gas . She is licensed to practice in the state of Texas and before the U.S. Supreme Court, U.S. Courts of Appeals for the Fifth, Eighth and Federal Circuits, as well as the U.S. District Courts of the Northern, Eastern, Southern and Western Districts of Texas. Fortiva credit products help you confidently take the next step on your financial journey. Final approval is not guaranteed if you do not meet all applicable criteria {including adequate proof of ability to repay}. Motiva has no relationship with this company. Search over 700 million verified professionals across 35 million companies. Once the expansion was complete, Jeff moved into a leadership role as Maintenance Manager at the refinery, and in 2019, he became Vice President, Production. View D&B Scores & Ratings. motiva enterprises houston tx charge on credit card Id. Through this program, grants up to $10,000 per applicant are being awarded to eligible organizations to fund the purchase of . Motiva Enterprises Houston RX - What's That Charge 1999); Exxon Corp. v. Superior Court of Santa Clara County, 60 Cal. He joined the company in 2013 and leads Motiva's corporate strategy and business development; technical excellence; enterprise technology and integration; contracting and procurement; project excellence and assurance; and corporate health, safety, security, and environmental teams. Rose and her husband Ellis live in Houston with their two daughters, Kendall and Annie. To further manage Motivas reputational risks, streamline responsibilities, and ensure important checks-and-balances are in place among the various roles involved in Motivas external stakeholder engagement, Amys role expanded in June 2020. According to Shell, the chief concern of the drafters in adopting section 2.305(b) was to prevent suppliers from charging two buyers with identical pricing provisions different prices for arbitrary or discriminatory reasons. Kimberly M. Green became Executive Vice President of Human Resources at Motiva, effective September 1, 2020. JPMorgan is leading the charge to buy . @ Id. Your pasted text should look like this: PANERABREAD#688TROYMI According to the court, this evidence generally included: (1) the DTW price itself, which was on the high end of the wholesale pricing spectrum, (2) the Acaptive@ nature of relationship between Shell and its franchisees, and (3) the general decline in the business fortunes of Shell franchisees. summer research programs for high school students 2022 AMAZON MKTPLACE PMTS AMZN.COM/BILL WA. Finally, Shell sells branded and unbranded gasoline to jobbers. Because the summary judgment evidence establishes that Shell=s posted price was both commercially reasonable and fairly applied to the Dealers, we reverse the judgment of the court of appeals and render judgment that the plaintiffs take nothing. The company began as a 50-50 joint venture between Shell Oil Company (the wholly owned American subsidiary of Royal Dutch . STARBUCKSCORP00034140KIRKLANDWA Justice O=Neill, Justice Schneider, and Justice Brister did not participate in the decision. He also serves on the board of directors for Artpace San Antonio, an arts residency program. Thus, they adopted a safe harbor, Comment 3's posted price presumption, to preserve the practice of using Asellers= standard prices@ while seeking Ato avoid discriminatory prices. Difference Between Credit Cards and Charge Cards - NerdWallet That means it is charged, but paid off each month. @), aff=d, 185 F.3d 865 (table), 1999 WL 393666 (9th Cir. Get Contact Info. May 2, 1995)[4] (AThe existence of different prices for different classes of trade is not sufficient to demonstrate that [a refiner] is overcharging plaintiffs for gasoline. Kyndryl and Motiva are operationalizing a hybrid, multi-cloud environment that will enable Motiva's "cloud first" strategy for new applications and drive infrastructure modernization for business-critical workloads. During that time, he held a series of technical and commercial assignments in the US and UK and was tasked with starting up BPs hydrogen fuels activities. Bill is responsible for branded and unbranded fuel sales across Motivas geographic region, which includes more than 5,000 retail fuel stations stretching across Texas, the Southeast and Mid-Atlantic U.S. Bill also leads the safe operation and optimization of the company's strategic network of equity terminals, ensuring the reliable delivery of fuel products to retail outlets across the country. What is MOTIVA ENTERPRISES HOUSTON TX? | Scam Charge Rptr. Creel & Sons, Inc., 465 S.E.2d 84, 86 (S.C. 1995). No personal information will be collected. The dealers claim that the refiner=s pricing practices are forcing them out of business and therefore are not in good faith. The sender requests that you send them money or pay in advance for services. Jeff Newman was named Senior Vice President and General Manager of the Port Arthur Manufacturing Complex in July 2022. Motivas suppliers and customers will only be asked to interact with us through a Contact Us link on motiva.com or through an approved E-Service Portal link. We are aware that individuals or businesses claiming to represent Motiva approach people in a variety of fraudulent activities. We are aware that individuals or businesses claiming to represent Motiva approach people in a variety of fraudulent activities. afficher des publicits et des contenus personnaliss en fonction de vos profils de centres dintrt; mesurer lefficacit des publicits et contenus personnaliss; et. Shell and the Shell Pecten are trademarks of Royal Dutch Shell Group. [2] That section of the UCC, dealing with open-price-term contracts, is codified as section 2.305 of Texas Business and Commerce Code and provides: (a) The parties if they so intend can conclude a contract for sale even though the price is not settled. Committed to developing high-performing teams and empowering them to deliver exceptional results, Jeff brings more than 30 years of downstream and midstream energy experience to Motiva, including leading multiple international organizations. But see Wilson v. Amerada Hess Corp., 773 A.2d 1121 (N.J. 2001); E.S. On 25 May 2012, Motiva officially completed its expansion of the refinery to a capacity of 600,000bbl/d (95,000m3/d) making it the largest refinery in North America and the fifth largest in the world. Tex. See Mathis, 302 F.3d at 457. Homepage- MyFortiva Shell=s agreements with the Dealers prohibit them from selling any gasoline except Shell-branded gasoline. TARGET 00024653 SAN DIEGO CA. R. 36-3(b)(iii). 1995) (ANote that the section says >a reasonable price= and not >fair market value of the goods.= These two would not be identical.@). See If You Prequalify*. Instead, Shell suggests that market forces beyond its control are at the root of these problems. TCPIndus., Inc. v. Uniroyal, Inc., 661 F.2d 542, 548 (6th Cir. She expanded her scope to support Shells downstream commercial business serving as Vice President of Legal for Jiffy Lube International, a Shell subsidiary. Pa. 1982); Adams v. G.J. Fla. 1999), aff=d, 333 F.3d 1248 (11th Cir. Reliability, quality and service are the bedrock of your business. What's This Charge On My Credit Card? - WalletHub If you are contacted by an entity using a variant of Motivas name with an offer of product under terms that vary significantly from the market average or requesting payment in advance for services, such as those related to storage costs, permits or approvals, or transportation tariffs, you are likely being targeted as part of a scam. Moreover, Shell argues that the fact that some franchisees have experienced declining sales, lost money, or gone out of business does not raise a fact issue about whether Shell had a bad-faith plan to price them out of business. Never disclose your personal or financial details to anyone you do not know. The buyer complained that the price increase was not in good faith because the seller had not observed Areasonable commercial standards of fair dealing in the trade. 1998); T.A.M., Inc. v. Gulf Oil Corp., 553 F. Supp. . The court of appeals, however, suggests that because the Dealers paid more than most of the other gasoline retailers in Houston, the DTW price itself is some evidence of Shell=s subjective bad faith. She joined Motiva in January of 2020 as Motivas Executive Vice President, General Counsel, Secretary and Business Compliance Officer. Although a commercially reasonable price might establish the oil company=s objective good faith, it would not alone be sufficient if there were also evidence that the company=s price might have been influenced by its desire to replace franchisees with more profitable company-owned stores (a lack of subjective good faith). Todos los derechos reservados. Most recently, Jeff served as CEO of Limetree Bay Energy, where he managed the refining business through bankruptcy and repositioned the terminals business unit as a standalone merchant storage company. WalletHub's Take: The Brex Corporate Card for Startups is a business credit card with no personal guarantee for companies that have at least $100,000 in the bank. There are several ways to recognize if an email is fraudulent. summer research programs for high school students 2022 . Bus. The court concluded that these allegations were not the normal case contemplated under section 2.305 if there was evidence that the refiner double charged to recover its costs of credit while representing to its buyers that its price was net of credit costs. @ Id. Thus, if these Dealers were charged the same DTW price by another refiner who did not have a similar plan to thin their ranks, presumably the price would pass muster under the Dealers= view of section 2.305. Shell=s price to its dealers is referred to as the DTW (Adealer tank wagon@) price because it includes delivery to the dealer=s station by a Shell tanker truck. Prior to assuming her current role at Motiva, Amy served as primary corporate counsel for Aramco Services Companys (ASC) subsidiary Saudi Refining, Inc. (SRI) in conjunction with SRIs distribution of assets and liabilities out of its joint venture with Shell, Motiva Enterprises, LLC. Before assuming her current role, Rose served as General Manager of Supply & Logistics for Motiva, overseeing the safe, efficient operation of the companys terminal and pipeline assets, in addition to groups responsible for supply scheduling, commercial contracting, marine and land logistics. Because its DTW price fell within the range of DTW prices charged by other refiners in the relevant geographic markets (was commercially reasonable) and was applied uniformly among similarly-situated dealers (was non-discriminatory), Shell submits that summary judgment was appropriate. One of the 23 grant recipients is the Port Neches Fire Department, which plans to use its grant to purchase new Automated External Defibrillators. He brings more than 30 years of experience in refining operations to the position. Credit Card Processing Fees (2023 Guide) - Forbes Advisor . .@). Motiva Enterprises LLC Company Profile | Baltimore, MD | Competitors Your card will never be charged. Plaintiffs are several hundred lessee dealers in seventeen different states who lease service stations and buy gasoline from Shell, operating those stations as independent businesses. My Account. at 509 (E.D. WalletHub, Financial Company. See 2 James J. 2. [6][7], In 1997, Shell embarked on two joint ventures with Texaco in which the companies merged their marketing and refining operations. He supports merger and acquisition growth of existing business segments, such as the acquisition of an additional Port Everglades, Florida terminal and the formation of the Juniper Ventures of Texas retail joint venture in central Texas. [3] Official Comment 3 to section 2.305(b) further elaborates on the good faith requirement, creating a presumption in the normal case that a seller=s posted price or price in effect is also a good faith price: 3. Overview. Payment alternatives for retail purchases. What's This Charge on My Credit Card? | Capital One Shell asserts that because the Dealers brought forth no such evidence here, this is a normal case where the posted price or a price in effect is a good faith price under section 2.305. from the University of Texas School of Law. Prior to assuming his current role at Motiva, Bill held multiple global leadership roles with Shell, including Shareholder Representative for Shell Japan and General Manager of Global Retail Strategy, where he was responsible for 43,000 retail sites worldwide in more than 80 countries. Committed to developing high-performing teams and empowering them to deliver exceptional results, Jeff brings more than 30 years of downstream and midstream energy experience to Motiva, including leading multiple international organizations. Code ' 2.305 cmt. Search. 1998); Richard Short Oil Co. v. Texaco, Inc., 799 F.2d 415, 422 (8th Cir. Code ' 2.305(b). Up to 5 free lookups / month. Our 2,700 dedicated US employees embody the idea of success born out of team effort. There are several ways to recognize if an email is fraudulent: The email comes from an email address other than "@motiva.com." Fraudulent emails are often sent from addresses such as "@gmail.com," "@yahoo.com," or "@hotmail.com.". from 8 AM - 9 PM ET. To check your charge names you can copy and paste them, one per line, into the box below. Business disruption punctuated by the tightening of global crude supplies pose complex operational challenges that call for advanced, forward-looking solutions. Click View Statement (or Account Activity or Transactions or Whatever), Click Download (or download statement or whatever), Choose the maximum date range if you can (you may have to do this once per month), Choose CSV or Excel or Spreadsheet format, Open the downloaded file in Excel or another spreadsheet application, Select the entire column of the charge names (they look like the grey box above). In Nanakuli, a buyer of asphalt under an open-price-term contract asserted that the seller had breached its section 2.305 duty of good faith by failing to follow industry custom when changing its price. They conclude that both elements must be satisfied before a case is considered normal and before the posted price presumption can apply. They have a sailboat and enjoy sailing on Galveston Bay. [10] In March 2017, Royal Dutch Shell plc signed definitive agreements with Saudi Refining Inc. that gave full ownership of refining and marketing joint venture Motiva Enterprises, LLC to Saudi Refining.[1][2]. You already receive all suggested Justia Opinion Summary Newsletters. - Nyckel, machine learning API ", "As Motivacontinues to evolveits business to meet the needs of today's oil and gas market, we're working hand in hand to help thempropel business growth andgain critical efficiencies," said Matt Milton, President of Kyndryl U.S. "By harnessing the combination of Kyndryl's cloud and digital workplace expertise, Motiva is able to address its most pressing business objectives while driving forward its longer-term transformation goals.". 1 complaints closed in last 12 months. Motiva Enterprises LLC ("Motiva") announced today that it has commenced a cash tender offer for any and all of its outstanding 6.85% senior notes due January 15, 2040 (CUSIP Nos. motiva enterprises houston tx charge on credit card He was responsible for supporting the construction completion, commissioning, and early operation of the $10 billion project that doubled the capacity of the refinery. You can explore additional available newsletters here. Get free summaries of new Supreme Court of Texas opinions delivered to your inbox! Through this program, grants up to $10,000 per applicant are being awarded to eligible organizations to fund the purchase of safety equipment, professional training, or safety education programs. boundaries assessment pdf; what is my teaching philosophy quiz; jordan goodwin mccall, idaho; lone wolf compensator for fnx 45 tactical; christina yellowstone actress; babson baseball commits; scranton times obituaries; karla elliott obituary; Tags. Here the Dealers= claim of bad faith appears to be inextricably tied to the amount of the price set by Shell. - About Us Other jobbers are also independent retail dealers, selling Shell-branded and unbranded gasoline directly to the public. at 1322. Klicka p Avvisa alla om du inte vill att vi och vra partner ska anvnda cookies och personuppgifter fr dessa ytterligare ndaml. 76 is a registered trademark owned by Phillips 66 Company. He has also completed executive programs at Harvard Business School, Stanford University, and Case Western Reserve University. Instructions to download your statement will vary from credit card to credit card; this is a general outline. how to know past life through astrology; does nomberry sell authentic items Moreover, the court=s description of the Dealers as A>captive buyers= required to purchase Shell-branded gas at Shell=s price@ is not evidence of bad faith or an abnormal case within the meaning of Comment 3. In support of its interpretation, the court cited NanakuliPaving & Rock Co. v. Shell Oil Co., 664 F.2d 772, 806 (9th Cir.
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