motiva enterprises charge on credit card

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. 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. 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. In their free time they enjoy traveling, spending time with family and volunteering. And even if there were evidence of this, Shell submits it would not raise a fact issue about its good faith because section 2.305 does not require a competitive price or the lowest price available. Never disclose your personal or financial details to anyone you do not know. The email has a generic greeting, such as "hello customer" or "hello user.". @ Id. 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. (b) A price to be fixed by the seller or by the buyer means a price for him to fix in good faith. Bill earned a Bachelor of Science degree in finance from the University of Colorado. Rose is a passionate, engaging leader with nearly three decades of industry experience in business operations and financial management. Good faith is defined elsewhere in the Code to mean Ahonesty in fact and the observance of reasonable commercial standards of fair dealing. In such a case the buyer must return any goods already received or if unable so to do must pay their reasonable value at the time of delivery and the seller must return any portion of the price paid on account. He was responsible for supporting the construction completion, commissioning, and early operation of the $10 billion project that doubled the capacity of the refinery. His team also shepherds the development of Motivas Port Arthur, Texas downtown campus, which will office Port Arthur region business activities.. 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. 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. 2023 All rights reserved. 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. The refiner contended that a price fixed according to an established price schedule was within the safe harbor described in Comment 3. Corporate Family Discover. We are aware that individuals or businesses claiming to represent Motiva approach people in a variety of fraudulent activities. 20. Prior to joining Motiva, Rose spent more than two decades at Shell, serving in a variety of leadership roles in both Finance and Accounting. 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. 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. This guide outlines policies, requirements and procedures for transactions made at Shell service stations using . [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. He earned a Bachelor of Science degree in mechanical engineering from the University of South Alabama. Jeff Rinker was appointed President and CEO of Motiva Enterprises in July 2022. 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. 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. 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. at 1322. 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. He has also completed executive programs at Harvard Business School, Stanford University, and Case Western Reserve University. Some jobbers are wholesale distributors, selling Shell-branded and unbranded gasoline to stations operated by independent business owners. Code ' 2.305 cmt. & Com. It has a $0 annual fee, a 0% foreign transaction fee and plenty of rewards. To check your charge names you can copy and paste them, one per line, into the box below. & Comm. ; see also Tex. 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. Fla. 1999), aff=d, 333 F.3d 1248 (11th Cir. when was the last tornado in springfield, mo; how to add replace vehicles fivem; motiva enterprises houston tx charge on credit card. Jeff spent the first 16 years of his career in roles of increasing responsibility at BP. While you're reviewing your statement, check the category assigned to the charge. Id. March 13, 2023 [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. 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. . AMAZON MKTPLACE PMTS AMZN.COM/BILL WA. 102 S.W.3d 205. Jobbers pay a Arack@ price that is available for gasoline bought and picked up at Shell=s terminals. Currently indexing 123,740 unique credit card line item charges. Jeff Newman was named Senior Vice President and General Manager of the Port Arthur Manufacturing Complex in July 2022. Enterprises LLC) ("SOPUS") and Motiva Enterprises LLC ("Motiva"). Reliability, quality and service are the bedrock of your business. Approved communications from Motiva, including our subsidiaries, will be sent using an @motiva.com email address. He serves as a member of the Board of Directors of Motiva. What should I do if I receive a fraudulent email? During her career she has demonstrated an excellent track record of maintaining disciplined financial controls while building and leading highly collaborative and productive teams. Portuguese products available Online we mail to all lower 48 states. @ Tex. The posted-price presumption did not apply, according to the court, because the dispute was not about price but rather the Amanner in which the wholesale price was calculated without considering the doubled charge for credit card processing. 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. He also serves on the board of directors for Artpace San Antonio, an arts residency program. Bus. Prior to her time at Motiva, Kimberly spent 13 years at Shell, where she specialized in labor, employment, and employee benefits. . Since then, she has been instrumental in aligning Motivas legal obligations with its business compliance activities. & Com. 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. For more information, visit www.kyndryl.com. Contact Information. It could be a legitimate charge that is simply pending until the merchant completes processing. 1985). The Fortiva Credit Card, Fortiva Retail Credit and Fortiva Personal Loan products are issued by The Bank of Missouri, Perryville, MO, Member FDIC. In many ways, our story is just beginning. 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. [5] Motiva operates as a distributor of Shell and 76 branded gasolines within its operating territory. But good faith under section 2.305(b) does not mandate a competitive price for each individual Dealer, nor could it. Click Here. Jeff Rinker was appointed President and CEO of Motiva Enterprises in July 2022. . 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. 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. 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. 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. Final approval is not guaranteed if you do not meet all applicable criteria {including adequate proof of ability to repay}. She is a member of the State Bar of Texas, the Houston Bar Association, the Texas General Counsel Forum, and the Association of Corporate Counsel. Si vous souhaitez personnaliser vos choix, cliquez sur Grer les paramtres de confidentialit. 1998); T.A.M., Inc. v. Gulf Oil Corp., 553 F. Supp. See Tex. 1986); Waymanv. Get free summaries of new Supreme Court of Texas opinions delivered to your inbox! 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. Jobbers may have distribution agreements with several refiners simultaneously. 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 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. This charge has been reported as trusted by 42 users, 57 users marked the credit card charge as suspicious. We leverage decades of financial experience to provide you with accessible credit solutions, even if you have less than perfect credit. Contact, INTERNATIONAL ONLINE PURCHASE INSUFFICIENT FUNDS FEE:TRLHKRS.COM 8884929410 CY. & Com. In this role, he developed and implemented an optimization-led business model across six refineries and upgraders to deliver improved safety, reliability, and profitability. 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. how to know past life through astrology; does nomberry sell authentic items We agree with those decisions that have upheld the posted price presumption against similar attacks. Enter a name to find & verify an email >>> . Beyond prohibiting discriminatory pricing, the drafters wished to minimize judicial intrusion into the setting of prices under open-price-term contracts. 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. Instead. To check your charge names you can copy and paste them, one per line, into the box below. (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. Code ' 2.305(b). Motiva Enterprises Houston RX Learn about the "Motiva Enterprises Houston Rx" charge and why it appears on your credit card statement. TARGET00024653SANDIEGOCA Creel & Sons, Inc., 465 S.E.2d 84, 86 (S.C. 1995). Through the Shell and 76 brands, Motiva also sells petroleum products in more than 5,000 retail gasoline stations. She expanded her scope to support Shells downstream commercial business serving as Vice President of Legal for Jiffy Lube International, a Shell subsidiary. 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. We take that role seriously. He also served as Chairman of the National Hydrogen Association in the US. 102 S.W.3d at 214. Bus. First seen on June 27, 2022, Last updated on June 27, 2022 Brenda Allen became Vice President Health, Safety, Security & Environmental on January 1, 2023. 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. Shell and the Shell Pecten are trademarks of Royal Dutch Shell Group. 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. First, Shell acts as a franchisor, leasing service stations to franchisees such as the Dealers here that sell Shell-branded gasoline. 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. [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]. C 93-20830, 1995 WL 261412, at *4 (N.D. Cal. 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. They have a sailboat and enjoy sailing on Galveston Bay. 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. (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. 1997) (same). @ Wayman, 923 F. Supp. 1981), and Allapattah Serv., Inc v. Exxon Corp., 61 F. Supp. View D&B Scores & Ratings. See, e.g., Tom-Lin Enters., Inc., 349 F.3d at 281-83; Havird Oil Co., 149 F.3d at 290-91; Richard Short Oil Co., 799 F.2d at 422; Wayman, 923 F. Supp. Income verification through access to your bank account information may be required. Bus. Travis received his Bachelor of Chemical Engineering from Auburn University in Auburn, Alabama, and his Master of Business Administration from The University of Texas at San Antonio. @ Walter D. Malcolm, The Proposed Commercial Code: A Report on Developments from May 1950 through February 1951, 6 Bus. Up to 5 free lookups / month. Most contracts for the sale of goods specify a price, but some do not because either the parties fail to consider the issue directly or purposefully leave it for later determination. Maybe it's a mysterious $1 fee that could be a scam, or you suspect someone took your card number for a shopping spree. Credit Union v. Martin, 29 S.W.3d 86, 92 (Tex. - Nyckel, machine learning API 61980AAD5 (144A) and U61999AC9 (Reg. Stay on top of your Business Credit File. Rose earned a Bachelor of Business Administration in accounting from Texas A&M University and is a licensed certified public accountant in the state of Texas. Establish a minimum threshold above $10 for credit card charges as a condition for @ Id. We know we play a significant role in the communities that we operate in. If you in your credit card statement you see Kalkomey Enterprises charge and you're not sure what it could be, then watch this video to find more details abo. Get contact details including emails and phone numbers . Travis Capps is Executive Vice President of Optimization and Strategy at Motiva. 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. at 457. 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. 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. - Personal Finance Club 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. Popular Credit Card Charges. Airlines Employees Fed. montreux jazz festival 2022 lineup 61980AAD5 (144A . 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.". Pa. 1982); Adams v. G.J. That means it is charged, but paid off each month. AMAZON MKTPLACE PMTS AMZN.COM/BILL WA; tnwbill.com VALLETTA MH COMENITY PAY OH WEB PYMT ID; Amazon Digital Svcs 866-216-1072 WA; ACT REGISTRATION 877-228-4881 CA; from the University of Texas School of Law. 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. Respond To Mail Offer. Brenda also held a global leadership role within Shell, where she was responsible for environmental management of Shells manufacturing sites across the world. We cannot agree that a relatively high, yet commercially reasonable, price is evidence of bad faith. - About Us But see Wilson v. Amerada Hess Corp., 773 A.2d 1121 (N.J. 2001); E.S. 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). 2. Environmental, Social and Governance (ESG), HVAC (Heating, Ventilation and Air-Conditioning), Machine Tools, Metalworking and Metallurgy, Aboriginal, First Nations & Native American. Shell argues that a good faith price, as section 2.305(b) requires, is one that is commercially reasonable and non-discriminatory. Open-price-term contracts are commonly used in the gasoline refining and marketing industry due to price volatility. Since assuming his current role with Motiva in June 2014, Bill has demonstrated leadership which has helped Motiva strengthen its reputation within the industry as a reliable supplier of quality projects and innovative customer programs. Ct. App. Rose Sink was named Chief Financial Officer and Executive Vice President of Finance at Motiva, effective July 1, 2020. 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. 1998); Richard Short Oil Co. v. Texaco, Inc., 799 F.2d 415, 422 (8th Cir. 113, 186 (1951). Your pasted text should look like this: PANERABREAD#688TROYMI Use the unsecured Fortiva Credit Card anywhere Mastercard. Jeff Rinker was appointed President and CEO of Motiva Enterprises in July 2022. 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. Id. As you read your credit card statement, you'll see a transactions section. 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. 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. 499, 509 (E.D. Compare that to $7,527 per card that usually carries a balance. 1981); Harvey v. Fearless Farris Wholesale, Inc., 589 F.2d 451, 461 (9th Cir. Our extensive distribution network and strategicsupply points mean our customers get what they need, when they need it. 2d 1308, 1322 (S.D. at 1346-47. 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. Your credentials are transmitted securely and then cleared after querying. This site is protected by reCAPTCHA and the Google. Travis helped guide Motivas early entry into the chemicals business with the 2019 acquisition of Flint Hills Port Arthurs chemicals facility. Applying that presumption, these courts have generally rendered judgment as a matter of law on similar claims under section 2-305 where the refiner used a posted price which it fairly applied to similarly-situated purchasers. Law. 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. The reasoning in Mathis and the court of appeals in this case negates the effect of Comment 3's Asafe harbor@ by concluding that circumstantial evidence of A[a]ny lack of subjective, honesty-in-fact good faith@ is sufficient to create an Aabnormal@ case in which the posted-price presumption no longer applies. 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. 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. White & Robert S. Summers, Uniform Commercial Code ' 3-8, at 150 (4th ed. His steady focus on safety and reliability has enabled the Complex to set production records as well as continually strengthen its safety record. As a result, she is responsible for Legal, Compliance and Records Management and Public Affairs. See, e.g., Tom-Lin Enters., Inc. v. Sunoco, Inc., 349 F.3d 277, 281-83 (6th Cir. (Section 2 103). 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 454-55. . 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