& Com. Second, Shell sells Shell-branded gasoline directly to the public through company-operated stations. The dealers claim that the refiner=s pricing practices are forcing them out of business and therefore are not in good faith. [1], In 1988, Texaco and Saudi Refining agreed to form a joint venture known as "Star Enterprises" in which Saudi Refining would own a 50 percent share of Texaco's refining and marketing operations in the eastern United States and Gulf Coast. Get contact details including emails and phone numbers . There are 24 storage and distribution terminals.[11]. 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). 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 Motivas assets across six states. That means it is charged, but paid off each month. If you are approached by someone claiming to represent Motiva, please be advised of the following: Motiva uses two entities to interact with suppliers and customers: Motiva Enterprises LLC and Motiva Trading LLC. afficher des publicits et des contenus personnaliss en fonction de vos profils de centres dintrt; mesurer lefficacit des publicits et contenus personnaliss; et. 1985). Search. 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. Motiva's products include diesel, gasoline, liquefied petroleum gas (LPG), aviation fuel, and lubricants which it supplies to American states in the South, Mid-Atlantic, and the Northeast. You can track the letter by sending it via . Approved communications from Motiva, including our subsidiaries, will be sent using an @motiva.com email address. Law. While you're reviewing your statement, check the category assigned to the charge. at 806. - Personal Finance Club No personal information will be collected. & Com. at 1312-13. Brenda and her husband Conly have been married for 28 years and have two children. Rose is a passionate, engaging leader with nearly three decades of industry experience in business operations and financial management. 1322, 1332 (D. Kan. 1996) aff=d mem., 145 F.3d 1347 (10th Cir. Code ' 2.305 cmt. 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. What is MOTIVA ENTERPRISES HOUSTON TX? | Scam Charge 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. Jeff earned a Bachelor of Science in chemical engineering from Carnegie Mellon University, graduating with honors. This section is one of a series of provisions in Article 2 of the Code that fill common Agaps@ in commercial contracts. An energetic and innovative leader, Kimberly brings a unique perspective to Human Resources with over 24 years of experience providing legal support to HR. He was responsible for supporting the construction completion, commissioning, and early operation of the $10 billion project that doubled the capacity of the refinery. We agree with those decisions that have upheld the posted price presumption against similar attacks. She has a deep understanding of the organization and the strategic role it plays in the business. No credit card required. ", "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.". Jobbers may have distribution agreements with several refiners simultaneously. A good-faith price under section 2.305 is not synonymous with a fair market price or the lowest price available. 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. Our extensive distribution network and strategicsupply points mean our customers get what they need, when they need it. You can explore additional available newsletters here. The drafters reasonably foresaw that almost any price could be attacked unless it benefitted from a strong presumption. Your card will never be charged. Jeff Rinker was appointed President and CEO of Motiva Enterprises in July 2022. 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. To check your charge names you can copy and paste them, one per line, into the box below. But see Wilson v. Amerada Hess Corp., 773 A.2d 1121 (N.J. 2001); E.S. Dealers are only Acaptive@ as a result of their own choice to become Shell-branded lessee dealers, which involved their agreement to buy gasoline from Shell at the DTW price, rather than at rack or some other price. She expanded her scope to support Shells downstream commercial business serving as Vice President of Legal for Jiffy Lube International, a Shell subsidiary. She serves on the board of directors of First Coast Energy and volunteers her time as an organizational mentor within Motiva and as a community partner with organizations such as Big Brothers Big Sisters of America, Buffalo Bayou Partnership and the United Negro College Fund. 1986); Waymanv. 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. Motiva is collaborating with Kyndryl to continue to strengthen its IT services and operational efficiencies by shifting more of its business into a cloud-based environment. But in both of these cases, the allegation of bad faith resulted in a commercial injury distinct from the price increase itself. Bill also served as General Manager of Shells West Region Sales & Operations, overseeing 3,000 Shell-branded stations in 11 states. Nous, Yahoo, faisons partie de la famille de marques Yahoo. 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. We cannot agree that a relatively high, yet commercially reasonable, price is evidence of bad faith. [6][7], In 1997, Shell embarked on two joint ventures with Texaco in which the companies merged their marketing and refining operations. Brenda also held a global leadership role within Shell, where she was responsible for environmental management of Shells manufacturing sites across the world. 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. You may find the website and phone number of the merchant. First, Shell acts as a franchisor, leasing service stations to franchisees such as the Dealers here that sell Shell-branded gasoline. [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. TARGET00024653SANDIEGOCA The court of appeals= wholesale cost analysis indiscriminately compares Shell=s DTW price to prices available to other classes of trade, with different contractual buying arrangements. She also served as the Secretary and General Counsel of Motiva Trading LLC and as counsel to the Employee Benefits and Investment Committees. @ Am. For nearly two decades, Motiva has been providing the energy our country needs to grow and prosper. 102 S.W.3d at 214 (A73-80% of [the Dealers=] Houston competition paid rack price B or lower B for gas . 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. 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. Always striving to understand how others see the world, Travis serves on the board of directors of FotoFest, a photography arts organization, in Houston. Code ' 2.305 cmt. Motiva Enterprises, LLC, is an American company that operates as a fully-owned affiliate of Saudi Aramco. . [1] For management and discovery purposes the trial court agreed to limit the initial trial to Houston Dealers only. 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. 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. View D&B Scores & Ratings. He earned a Bachelor of Science degree in mechanical engineering from the University of South Alabama. Before becoming Executive Vice President of Human Resources, Kimberly was Motivas Associate General Counsel, overseeing the attorneys who provide corporate, commercial and regulatory legal support to the company. See 2 James J. He brings more than 30 years of experience in refining operations to the position. Id. In many ways, our story is just beginning. WalletHub, Financial Company. Sign up for our free summaries and get the latest delivered directly to you. 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. 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. Code ' 1.201(b)(20). 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). [9], In 2016, Motiva obtained an exclusive license for the 76 gasoline brand on the east coast, previously a West Coast-only brand. Code ' 1.201(b)(20) cmt. Travis helped guide Motivas early entry into the chemicals business with the 2019 acquisition of Flint Hills Port Arthurs chemicals facility. 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.. Bus. Instead, Shell suggests that market forces beyond its control are at the root of these problems. 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. Ls vr integritetspolicy och cookiepolicy fr att f mer information om hur vi anvnder dina personuppgifter. One of the 23 grant recipients is the Port Neches Fire Department, which plans to use its grant to purchase new Automated External Defibrillators. 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. Kimberly was instrumental in standing up the companys current HR organization and employee benefit plans and has been involved in several of the companys largest initiatives and transactions. Most recently serving as the Executive Vice President of Downstream and Midstream, he was responsible for refining, trading, pipelines, and fuels marketing. Rose Sink was named Chief Financial Officer and Executive Vice President of Finance at Motiva, effective July 1, 2020. 2003). 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. Enter a name to find & verify an email >>> . Fortiva credit products help you confidently take the next step on your financial journey. that the chief concern of the UCC Drafting Committee in adopting ' 2-305(2) was to prevent discriminatory pricing B i.e., to prevent suppliers from charging two buyers with identical pricing provisions in their respective contracts different prices for arbitrary or discriminatory reasons. She joined Motiva in 2014 as Refining Finance Manager and since then has held multiple leadership positions of increasing responsibility. 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. Our employees are what make us great. 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. 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. Shell submits that there is no evidence that its DTW price caused any particular Dealer to fail or be uncompetitive in the market. He also serves on the board of directors for Artpace San Antonio, an arts residency program. 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. Visit Website. @ Wayman, 923 F. Supp. Travis Capps is Executive Vice President of Optimization and Strategy at Motiva. PO Box 4369. The average credit card processing fee ranges between 1.5% and 3.5%. The sender pressures you to act immediately. Income verification through access to your bank account information may be required. We collaborate closely with our suppliers to serve our customers and champion innovation. Your pasted text should look like this: PANERABREAD#688TROYMI 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. Portuguese products available Online we mail to all lower 48 states. Through the Shell and 76 brands, Motiva also sells petroleum products in more than 5,000 retail gasoline stations. 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. 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. 664 F.2d at 778. Si vous souhaitez personnaliser vos choix, cliquez sur Grer les paramtres de confidentialit. The two cases relied on by Mathis appear to make a similar connection. C 93-20830, 1995 WL 261412, at *4 (N.D. Cal. credit card companies may charge higher interchange fees for online purchases since fraud is a bigger problem with these . [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. She brings nearly 30 years of experience in safety, security, and environmental management to the position. 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. - Nyckel, machine learning API 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. [1] Each dealer and Shell enter into two agreements: a Lease and a Dealer Agreement. White & Robert S. Summers, Uniform Commercial Code ' 17.6 at 167 (4th ed. 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. 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. What's That Charge?! Identify those mysterious charges on your credit 2. Todos los derechos reservados. What's This Charge on My Credit Card - Fiscal Tiger The Star Enterprises operation and Shell's eastern and southeastern operations were merged into a company called "Motiva". 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. at 1346-47. 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. Bill earned a Bachelor of Science degree in finance from the University of Colorado. In this instance, the Code imposes on Shell the obligation of good faith when fixing its DTW price under the Dealer Agreement, providing that A[a] price to be fixed by the seller or by the buyer means a price for him to fix in good faith. . In this role, Rose oversees management of all the companys financial functions including accounting, audit, treasury, tax, trading risk and compliance. We leverage decades of financial experience to provide you with accessible credit solutions, even if you have less than perfect credit. Kyndryl (NYSE: KD) is the world's largest IT infrastructure services provider. Moody's announces completion of a periodic review of ratings of Motiva Enterprises LLC. 1999); Exxon Corp. v. Superior Court of Santa Clara County, 60 Cal. Jeff Rinker was appointed President and CEO of Motiva Enterprises in July 2022. 1.201(b)(20). MOTIVA ENTERPRISES LLC CASH TENDER OFFER FOR ANY AND ALL OF ITS - Yahoo This result appears to conflict with the drafters= desire to eliminate litigation over prices that are nondiscriminatory and set in accordance with industry standards. The details typically include how much your account was charged, who received payment, when the transaction occurred and when . For more information, visit www.kyndryl.com. She is at the forefront of protecting Motivas business interests and building the companys reputation in the industry. .@). What Is This Charge On My Credit Card? - Forbes Advisor Motiva has no relationship with this company. OPTION 2 (American Express and Discover only). ; see also Tex. 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. 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. Prior to her time at Motiva, Kimberly spent 13 years at Shell, where she specialized in labor, employment, and employee benefits. Bus. 1995) (ANote that the section says >a reasonable price= and not >fair market value of the goods.= These two would not be identical.@). Each Dealer contractually agreed to buy gasoline at the DTW price applicable only to Shell-branded lessee-dealers. 15 U.S.C. '' Chief Justice Phillips delivered the opinion of the Court. |, Poltica de Seguridad y Privacidad del Sitio Web, Ley de privacidad del consumidor de California. 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. Language links are at the top of the page across from the title. The company designs, builds, manages and modernizes the complex, mission-critical information systems that the world depends on every day. Allapattah, 61 F. Supp. at 454-55. 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. @ See Tex. 2003); Havird Oil Co. v. Marathon Oil Co., 149 F.3d 283, 290-91 (4th Cir. Stay on top of your Business Credit File. 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.
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