- Nyckel, machine learning API 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. Popular Credit Card Charges. - About Us Stay on top of your Business Credit File. Motiva Enterprises LLC (Motiva) announced today the expiration of the previously announced cash tender offer (the Offer) for any and all of its outstanding 6.85% senior notes due January 15, 2040 (CUSIP Nos. at 215. Environmental, Social and Governance (ESG), HVAC (Heating, Ventilation and Air-Conditioning), Machine Tools, Metalworking and Metallurgy, Aboriginal, First Nations & Native American. Motiva has been made aware that an entity using Motiva in its name, Motiva Ltd Tank Terminal, is holding itself out as an operator of petroleum storage facilities in Houston, Texas, and Rotterdam, Netherlands, and has solicited transactions under that name. @ Am. See Ajir v. Exxon Corp., No. A $4 transaction titled simply "Wagon Road" may . In such a case the price is a reasonable price at the time for delivery if, (2) the price is left to be agreed by the parties and they fail to agree; or. . 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. at 454-55. Equilon became a fully owned subsidiary of Shell, while Saudi Aramco and Shell each became equal owners of Motiva. Such Acaptivity@ is therefore the Anormal@ case. Bus. & Com. Motiva Enterprises today announces the recipients of its Motiva First Responder Grant Program, awarding nearly $159,000 to 23 emergency response organizations in communities that host Motiva's assets across six states. [6][7], In 1997, Shell embarked on two joint ventures with Texaco in which the companies merged their marketing and refining operations. financial benefits of concert attendance to the community music; how many toes does a brahma chicken have; what is the difference between section 17 and section 47 Because the court concluded that the Dealers had presented sufficient circumstantial evidence on Shell=s subjective intent to drive them out of business, it reversed the summary judgment. at 509 (E.D. Bus. Jeff Rinker was appointed President and CEO of Motiva Enterprises in July 2022. Enterprises LLC) ("SOPUS") and Motiva Enterprises LLC ("Motiva"). The court of appeals in this case adopted the reasoning in Mathis, concluding that good faith under section 2.305 encompasses both subjective and objective elements. Take the hesitation out of shopping with Fortiva's revolving line of credit. Enter a name to find & verify an email >>> . Vi, Yahoo, r en del av Yahoos varumrkesfamilj. 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. 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. [3] This definition was formerly limited to merchants, like Shell, but recent amendments to the Code have Abrought the Article 2 merchant concept of good faith (subjective honesty and objective commercial reasonableness) into other Articles. Allapattah, 61 F. Supp. Sign up for our free summaries and get the latest delivered directly to you. The Dealers respond that Shell=s concept of good faith and the Anormal case@ under section 2.305 is too narrow. at 1322. 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. @ Id. [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. Vous pouvez modifier vos choix tout moment en cliquant sur le lien Tableau de bord sur la vie prive prsent sur nos sites et dans nos applications. Through the Shell and 76 brands, Motiva also sells petroleum products in more than 5,000 retail gasoline stations. Those dealers similarly complained that the refiner had breached its duty of good faith by purposefully setting its dealer price for gasoline at uncompetitively high levels to run them out of business. 3. Amy Marlyse Plato is Motivas Executive Vice President, Legal & Corporate Affairs. Bill earned a Bachelor of Science degree in finance from the University of Colorado. Other jobbers are also independent retail dealers, selling Shell-branded and unbranded gasoline directly to the public. A strong advocate for continuous improvement, he is passionate about delivering excellence while approaching each situation with an entrepreneurial curiosity. 15 U.S.C. '' Bill Spurgeon is Executive Vice President of Marketing, Sales & Logistics for Motiva. What Is This Charge On My Credit Card? - Forbes Advisor in effect@ at the time of purchase. 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. & Comm. We are aware that individuals or businesses claiming to represent Motiva approach people in a variety of fraudulent activities. Jeff Rinker was appointed President and CEO of Motiva Enterprises in July 2022. 1 complaints closed in last 12 months. 20. They further explain that their theory in this case does not turn on the DTW price set by Shell but rather on the reason why Shell chose to charge that price. 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. / Motiva Enterprises LLC; Motiva Enterprises LLC. [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. He also serves on the board and executive committee of the American Fuel and Petrochemical Manufacturers (AFPM), the Board of the American Petroleum Institute (API) and the Board of the Greater Houston Partnership. afficher des publicits et des contenus personnaliss en fonction de vos profils de centres dintrt; mesurer lefficacit des publicits et contenus personnaliss; et. And the court of appeals agreed that there was enough circumstantial evidence to raise a fact issue about Shell=s subjective motives and therefore its good faith. Moody's announces completion of a periodic review of ratings of Motiva Enterprises LLC. [5] Motiva operates as a distributor of Shell and 76 branded gasolines within its operating territory. For more information, visit www.kyndryl.com. Through this program, grants up to $10,000 per applicant are being awarded to eligible organizations to fund the purchase of . Prior to Husky Energy, Jeff served for 11 years in executive-level roles at the Vienna-based integrated energy company OMV, including head of Refining and Petrochemicals at the Petrom subsidiary, head of Downstream Optimization, Supply and Trading, and head of M&A and Corporate Development. When a contract for the sale of goods does not specify a price, section 2.305 of the Uniform Commercial Code[2] supplies default rules for determining whether a contract exists and what the price should be. He also served as Chairman of the National Hydrogen Association in the US. That is the nature of a long-term franchise. In 2007, he moved to Shells Puget Sound refinery, returning to Motiva in 2010 to work on the Crude Expansion Project in Port Arthur. Dealers do not contend that they are entitled to any particular price and do not disagree that Shell=s DTW price is within the range charged by other refiners to their dealers. 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. PO Box 4369. Amy leads with integrity and is fully committed to strong business compliance principles and risk mitigation. 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. Do not include any dates, amounts, or any personal information. But good faith under section 2.305(b) does not mandate a competitive price for each individual Dealer, nor could it. 2003). Bill is a dynamic leader with more than three decades of global retail strategy, fuel sales marketing and energy operations experience. mesurer votre utilisation de nos sites et applications. Our consistency of service and quality of product make us a favorite of retailers everywhere we operate. @ Id. Bus. 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. Good faith is defined elsewhere in the Code to mean Ahonesty in fact and the observance of reasonable commercial standards of fair dealing. STARBUCKS CORP00034140 KIRKLAND WA. Rather than contest the commercial reasonableness of Shell=s DTW prices, Dealers argued that fact issues existed as to whether Shell had acted in bad faith by setting its DTW price with the subjectively improper motive of running Dealers out of business. Homepage- MyFortiva 102 S.W.3d at 214. 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. 1322, 1332 (D. Kan. 1996) aff=d mem., 145 F.3d 1347 (10th Cir. Nous, Yahoo, faisons partie de la famille de marques Yahoo. what happened to the sylvers father what happened to the sylvers father (c) When a price left to be fixed otherwise than by agreement of the parties fails to be fixed through fault of one party the other may at his option treat the contract as cancelled or himself fix a reasonable price. 1.201(b)(20). at 214-15. Payment alternatives for retail purchases. 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. The difference is, you can make the minimum payment to avoid a late fee. My Account. Motiva Enterprises Houston RX - What's That Charge 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. To check your charge names you can copy and paste them, one per line, into the box below. 76 is a registered trademark owned by Phillips 66 Company. from Dartmouth College and her J.D. Motiva Enterprises LLC Company Profile | Houston, TX | Competitors We leverage decades of financial experience to provide you with accessible credit solutions, even if you have less than perfect credit. They reject the notion that discriminatory pricing is the only way to rebut Comment 3's posted price presumption. See 2 James J. The trial court granted Shell=s motion for summary judgment. An energetic and innovative leader, Kimberly brings a unique perspective to Human Resources with over 24 years of experience providing legal support to HR. If you are contacted by an individual or a business claiming to be Motiva (or using a variant of Motivas name) with an offer or product under terms that vary significantly from the market average or requesting payment in advance for services, it is likely a scam. Because we conclude that the refiner established as a matter of law that its price was fixed in good faith as defined in the Code, we reverse the judgment of the court of appeals and render judgment that plaintiffs take nothing. Get a D&B Hoovers Free Trial. from the University of Texas School of Law. 2801-2806. You may find the website and phone number of the merchant. The court reasoned, however, that this safe harbor was not absolute because it applied only to Anormal cases,@ or those cases in which an open price term was set with subjective good faith. Instead. He has also completed executive programs at Harvard Business School, Stanford University, and Case Western Reserve University. Shell and the Shell Pecten are trademarks of Royal Dutch Shell Group. at 806. Ls vr integritetspolicy och cookiepolicy fr att f mer information om hur vi anvnder dina personuppgifter. Motiva Enterprises signs $160M agreement with Kyndryl to enable its 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. His team also shepherds the development of Motivas Port Arthur, Texas downtown campus, which will office Port Arthur region business activities.. Overview. Some jobbers are wholesale distributors, selling Shell-branded and unbranded gasoline to stations operated by independent business owners. 1998); Richard Short Oil Co. v. Texaco, Inc., 799 F.2d 415, 422 (8th Cir. What's This Charge on My Credit Card - Fiscal Tiger Respond To Mail Offer. Always striving to understand how others see the world, Travis serves on the board of directors of FotoFest, a photography arts organization, in Houston. Kimberly earned an undergraduate degree in psychology from Baylor University and Master of Business Administration and Juris Doctorate degrees from the University of Houston. 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. Difference Between Credit Cards and Charge Cards - NerdWallet The court of appeals reversed and remanded the case for trial, concluding that the Dealers had raised fact issues about Shell=s subjective good faith when setting its DTW price. Get Contact Info. This site is protected by reCAPTCHA and the Google. 1981), and Allapattah Serv., Inc v. Exxon Corp., 61 F. Supp. 76 is a registered trademark owned by Phillips 66 Company. & Com. No personal information will be collected. Jobbers may have distribution agreements with several refiners simultaneously. We agree with Shell that the court of appeals= list of circumstantial factors are not evidence that Shell lacked good faith when fixing its DTW price. 9th Cir. Evidence that different prices are available to different classes of trade is not evidence of bad faith under section 2.305. Motiva Enterprises LLC uses 6 email formats: 1. first '.' last@motiva.com (100.0%). She is at the forefront of protecting Motivas business interests and building the companys reputation in the industry. Code ' 1.201(b)(20) cmt. The refiner contended that a price fixed according to an established price schedule was within the safe harbor described in Comment 3. 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.
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