Cision Distribution 888-776-0942 Headquartered in Houston, Texas, it had revenue of $37Billion. 1984) (applying subjective good faith to a negotiable instrument), we do not believe this subjective element was intended to stand alone as a basis for a claim of bad faith under section 2.305. The seller, however, abandoned this practice, raising the price without notice. [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]. OPTION 2 (American Express and Discover only). The sender pressures you to act immediately. He has also completed executive programs at Harvard Business School, Stanford University, and Case Western Reserve University. Travis Capps is Executive Vice President of Optimization and Strategy at Motiva. Enterprises LLC) ("SOPUS") and Motiva Enterprises LLC ("Motiva"). Allapattah, 61 F. Supp. 3. 1981), and Allapattah Serv., Inc v. Exxon Corp., 61 F. Supp. The company began as a 50-50 joint venture between Shell Oil Company (the wholly owned American subsidiary of Royal Dutch . Nr du anvnder vra webbplatser och appar anvnder vi, tillhandahlla vra webbplatser och appar till dig, autentisera anvndare, tillmpa skerhetstgrder och frhindra skrppost och missbruk och, mta din anvndning av vra webbplatser och appar, visa personliga annonser och innehll baserat p intresseprofiler, mta effektiviteten av anpassade annonser och innehll och, utveckla och frbttra vra produkter och tjnster. The Star Enterprises operation and Shell's eastern and southeastern operations were merged into a company called "Motiva". 2023 All rights reserved. 2002), which also involved open-price contracts between an oil refiner and its dealer/franchisees. That means that the debt on a card that doesn't carry a balance is typically considerably lower than a card with a balance. Good faith is defined elsewhere in the Code to mean Ahonesty in fact and the observance of reasonable commercial standards of fair dealing. Mysterious or fraudulent charges on your credit card statement are no need to panic, but they do require quick action. Kyndryl's nearly 90,000 employees serve over 4,000 customers in more than 60 countries around the world, including 75 percent of the Fortune 100. 1986); Waymanv. Equilon Enterprises LLC, and Equiva Services LLC, ====================================================, Court of Appeals for the Fourteenth District of Texas. There are 24 storage and distribution terminals.[11]. 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. Most courts have rejected the approach of the Fifth Circuit and the court below in interpreting the good faith requirement of section 2.305. Business disruption punctuated by the tightening of global crude supplies pose complex operational challenges that call for advanced, forward-looking solutions. The email details an offer or product under terms that vary significantly from the market average. @ Tex. 102 S.W.3d at 214. We leverage decades of financial experience to provide you with accessible credit solutions, even if you have less than perfect credit. As businesses across the global economy continue to grapple with the ripple effects of pandemic-induced supply chain disruption, enterprises within the oil and gas sector are under more pressure than ever to ensure the smooth delivery of the energy that keeps commerce physically moving. 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. She joined Motiva in January of 2020 as Motivas Executive Vice President, General Counsel, Secretary and Business Compliance Officer. montreux jazz festival 2022 lineup In this role, he developed and implemented an optimization-led business model across six refineries and upgraders to deliver improved safety, reliability, and profitability. *Prequalify means that you authorize us to make a soft inquiry that will not affect your credit. Pa. 1982); Adams v. G.J. They understood that requiring sellers in open-price industries, such as the oil and gas industry, to justify the reasonableness their prices in order to satisfy section 2.305 would Amean[] that in every case the seller is going to be in a lawsuit@ and that every sales contract would become Aa public utility rate case. During her career she has demonstrated an excellent track record of maintaining disciplined financial controls while building and leading highly collaborative and productive teams. A strong advocate for continuous improvement, he is passionate about delivering excellence while approaching each situation with an entrepreneurial curiosity. Instructions to download your statement will vary from credit card to credit card; this is a general outline. 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. 1 complaints closed in last 12 months. The refiner implemented a discount for cash program to offset the costs of credit card processing which the dealers alleged resulted in their being charged twice for the cost of credit. Jeff Rinker was appointed President and CEO of Motiva Enterprises in July 2022. Lorsque vous utilisez nos sites et applications, nous utilisons des, authentifier les utilisateurs, appliquer des mesures de scurit, empcher les spams et les abus; et. If you are approached by someone claiming to represent Motiva, please be advised of the following: 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. Up to 5 free lookups / month. Houston, TX 77210. 3 (emphasis added). Our consistency of service and quality of product make us a favorite of retailers everywhere we operate. The sender requests that you send them money or pay in advance for services. We will only interact with you using one of these two names. 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. Todos los derechos reservados. 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. What should I do if I receive a fraudulent email? 113, 186 (1951). There are several ways to recognize if an email is fraudulent: The email comes from an email addressotherthan @motiva.com. Fraudulent emails are often sent from addresses such as @gmail.com, @yahoo.com, or @hotmail.com., The email has a generic greeting, such as hello customer or hello user.. In Allapattah, another case involving a refiner and its dealer network, the dispute concerned the calculation of a discount that was to be applied to the refiner=s posted price. Payment alternatives for retail purchases. She was the lead attorney handling Motivas 2017 separation from Shell and was key in its 2019 acquisition of a chemicals business, supported the negotiations of the licensing agreement allowing Motiva to produce 76 Brand gasoline, and led the foundational initiative team for building Saudi Aramcos global legal organization. The DTW pricing provision is an Aopen price term@ governed by section 2.305(b) of the Texas Business and Commerce Code (which corresponds to section 2-305(2) of the Uniform Commercial Code). The Dealers claim that Shell=s pricing practices are forcing them out of business. Code ' 2.305 cmt. Second, Shell sells Shell-branded gasoline directly to the public through company-operated stations. 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. 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. Financial solutions for everyday needs & unexpected expenses. Good faith includes observance of reasonable commercial standards of fair dealing in the trade if the party is a merchant. what happened to the sylvers father what happened to the sylvers father Id. [3], The company began as a 5050 joint venture between Shell Oil Company (the wholly owned American subsidiary of Royal Dutch Shell) and Saudi Aramco (which had previously partened with Texaco) in 1997. They reject the notion that discriminatory pricing is the only way to rebut Comment 3's posted price presumption. Evidence that different prices are available to different classes of trade is not evidence of bad faith under section 2.305. The average credit card processing fee ranges between 1.5% and 3.5%. at 1312-13. It is not apparent, however, why the intent behind a commercially reasonable, non-discriminatory price should matter for purposes of a breach of contract claim under section 2.305(b). at 1346-47. A good-faith price under section 2.305 is not synonymous with a fair market price or the lowest price available. dvelopper et amliorer nos produits et services. 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. The DTW price, the captive nature of the franchisee relationship, and the business losses suffered by the Dealers are variations of the same theme: Shell=s DTW price is too high for the Dealers to compete with other gasoline retailers. 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. In this case, we must decide whether the price fixed by a refiner for the sale of its gasoline under an open-price-term contract with its dealers was in good faith as required by section 2.305(b) of the Texas Business and Commerce Code. Si vous souhaitez personnaliser vos choix, cliquez sur Grer les paramtres de confidentialit. Establish a minimum threshold above $10 for credit card charges as a condition for The drafters reasonably foresaw that almost any price could be attacked unless it benefitted from a strong presumption. Approved communications from Motiva, including our subsidiaries, will be sent using an @motiva.com email address. See If You Prequalify*. Some jobbers are wholesale distributors, selling Shell-branded and unbranded gasoline to stations operated by independent business owners. See Tex. The Dealers rely extensively on the Fifth Circuit Court of Appeals= recent decision in Mathis v. Exxon Corp., 302 F.3d 448 (5th Cir. Get Contact Info. He and his wife Becky have been married for 31 years and have two children. & Comm. [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. We leverage decades of financial experience to provide you with accessible credit solutions, even if you have less than perfect credit. One of the 23 grant recipients is the Port Neches Fire Department, which plans to use its grant to purchase new Automated External Defibrillators. - About Us Were the proud distributor of two formidable fuel brands - Shell and 76. 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. 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. 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. That means it is charged, but paid off each month. 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. March 13, 2023 1.201(b)(20). Bus. 102 S.W.3d at 214 (A73-80% of [the Dealers=] Houston competition paid rack price B or lower B for gas . We agree with those decisions that have upheld the posted price presumption against similar attacks. The two cases relied on by Mathis appear to make a similar connection. . 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. Your card will never be charged. There are several ways to recognize if an email is fraudulent. She has a deep understanding of the organization and the strategic role it plays in the business. Jeff Newman was named Senior Vice President and General Manager of the Port Arthur Manufacturing Complex in July 2022. from the University of Texas School of Law. 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. Bidenomics Report Card. Prior to joining Motiva, Rose spent more than two decades at Shell, serving in a variety of leadership roles in both Finance and Accounting. 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. Most recently serving as the Executive Vice President of Downstream and Midstream, he was responsible for refining, trading, pipelines, and fuels marketing. 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. The details typically include how much your account was charged, who received payment, when the transaction occurred and when . She joined Motiva in 2014 as Refining Finance Manager and since then has held multiple leadership positions of increasing responsibility. That makes charge cards less flexible when it . As a member of the Executive Leadership Team, Brenda oversees the safety and environmental operation of Motivas assets on an enterprise-wide level to ensure complete understanding throughout the business. Open-price-term contracts are commonly used in the gasoline refining and marketing industry due to price volatility. Here the Dealers= claim of bad faith appears to be inextricably tied to the amount of the price set by Shell. Jeff has been a part of the Motiva family since 1990 when he began his career at the Norco Manufacturing Complex in Louisiana, then part of Motiva. [5] Motiva operates as a distributor of Shell and 76 branded gasolines within its operating territory. As a result, she is responsible for Legal, Compliance and Records Management and Public Affairs. 1985). Amy Marlyse Plato is Motivas Executive Vice President, Legal & Corporate Affairs. Brenda and her husband Conly have been married for 28 years and have two children. We collaborate closely with our suppliers to serve our customers and champion innovation. The refiner implemented a discount for cash program to offset the costs of credit card processing which the dealers alleged resulted in their being charged twice for the cost of credit. @), aff=d, 185 F.3d 865 (table), 1999 WL 393666 (9th Cir. AMAZON MKTPLACE PMTS AMZN.COM/BILL WA. @ Id. ' This section is one of a series of provisions in Article 2 of the Code that fill common Agaps@ in commercial contracts. His team also shepherds the development of Motivas Port Arthur, Texas downtown campus, which will office Port Arthur region business activities.. (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. 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. Chief Justice Phillips delivered the opinion of the Court. Travis helped guide Motivas early entry into the chemicals business with the 2019 acquisition of Flint Hills Port Arthurs chemicals facility. 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. Your pasted text should look like this: PANERABREAD#688TROYMI The buyer established that by trade custom and usage the sellers of asphalt on the island of Oahu, Hawaii price protected their buyers by providing notice of price increases and an opportunity for the buyer to complete projects bid under the old price. Although Shell has the right under the Dealer Agreement to fix the DTW price at which the Dealers must buy its gasoline, all parties agree that it must exercise this right in good faith. 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. See Mathis, 302 F.3d at 457. In his role, he oversees all business related to Motivas refinery, the largest in North America, and chemicals plant. Amy received her B.A. Shell and the Shell Pecten are trademarks of Royal Dutch Shell Group. Du kan ndra dina val nr som helst genom att klicka p lnkarna "Integritetspanel" p vra webbplatser och appar. In their free time they enjoy traveling, spending time with family and volunteering. Respond To Mail Offer. [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. We cannot agree that a relatively high, yet commercially reasonable, price is evidence of bad faith. 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. The drafters, however, also wished to minimize judicial intrusion into the setting of prices under open-price-term contracts. 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. 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). (3) the price is to be fixed in terms of some agreed market or other standard as set or recorded by a third person or agency and it is not so set or recorded. 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 . The effect is to allow a jury to determine in every section 2.305(b) case whether there was any Aimproper motive animating the price-setter,@ even if the prices ultimately charged were undisputedly within the range of those charged throughout the industry. credit card companies may charge higher interchange fees for online purchases since fraud is a bigger problem with these . @ See Tex. 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. Reliability, quality and service are the bedrock of your business. Although the refiner=s price was commercially reasonable when compared to the prices of other refiners in the relevant market, the court found some evidence in the record to suggest that the refiner=s price might have been influenced by improper subjective motives such as the desire to force some of its dealers out of business. When a jobber sells gasoline to a Dealer, the jobber is retroactively charged the DTW price for that product, not the lower rack price it otherwise would pay.

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