*Prequalify means that you authorize us to make a soft inquiry that will not affect your credit. If you have an American Express or Discover card you can enter your online credentials we'll load your charge names directly to check them for fraud. 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. 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. from 8 AM - 9 PM ET. In their free time they enjoy spending time with family and traveling. They have a sailboat and enjoy sailing on Galveston Bay. Amy received her B.A. 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. 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. Although the subjective element of good faith may have a place elsewhere in the Code, see, e.g., La Sara Grain Co. v. First Nat'l Bank, 673 S.W.2d 558, 562-63 (Tex. 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. If you accept an offer a hard inquiry will be made. Send the letter so that it reaches your credit card issuer within 60 days from when the bill containing the questionable charge was mailed to you. 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. Such Acaptivity@ is therefore the Anormal@ case. Id. Prior to joining Motiva, Rose spent more than two decades at Shell, serving in a variety of leadership roles in both Finance and Accounting. 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. Rptr. |, 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. 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. 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). 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. He also serves on the board of directors for Artpace San Antonio, an arts residency program. 2023 All rights reserved. You're all set! Get contact details including emails and phone numbers . Code ' 1.201(b)(20). Shell and the Shell Pecten are trademarks of Royal Dutch Shell Group. See If You Prequalify*. at 1346-47. That means that the debt on a card that doesn't carry a balance is typically considerably lower than a card with a balance. 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. Maybe it's a mysterious $1 fee that could be a scam, or you suspect someone took your card number for a shopping spree. AMAZONMKTPLACEPMTSAMZN.COM/BILLWA. The credit card or debit card charge MOTIVA ENTERPRISES HOUSTON TX was first spotted on July 19, 2015. Despite this definition and comment, or perhaps because of them, Shell and the Dealers urge conflicting ideas about what good faith should mean in this case. 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; Equilon Enterprises LLC, and Equiva Services LLC, ====================================================, Court of Appeals for the Fourteenth District of Texas. 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. at 806. She is at the forefront of protecting Motivas business interests and building the companys reputation in the industry. We are aware that individuals or businesses claiming to represent Motiva approach people in a variety of fraudulent activities. Bus. Instead contact us directly. 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. Travis plays a key role in Motiva's long-term growth plans. Content Hub . Get Contact Info. © 2023 What's That Charge Establish a minimum threshold above $10 for credit card charges as a condition for TCPIndus., Inc. v. Uniroyal, Inc., 661 F.2d 542, 548 (6th Cir. . 61980AAD5 (144A . at 1312-13. She has also managed corporate governance issues and overseen federal regulatory filings for ASC and its affiliates. [9], In 2016, Motiva obtained an exclusive license for the 76 gasoline brand on the east coast, previously a West Coast-only brand. The seller, however, abandoned this practice, raising the price without notice. This site is protected by reCAPTCHA and the Google. 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. afficher des publicits et des contenus personnaliss en fonction de vos profils de centres dintrt; mesurer lefficacit des publicits et contenus personnaliss; et. 1998); Richard Short Oil Co. v. Texaco, Inc., 799 F.2d 415, 422 (8th Cir. But good faith under section 2.305(b) does not mandate a competitive price for each individual Dealer, nor could it. 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. 2801-2806. He also served as Chairman of the National Hydrogen Association in the US. Were the proud distributor of two formidable fuel brands - Shell and 76. We will only interact with you using one of these two names. @ Walter D. Malcolm, The Proposed Commercial Code: A Report on Developments from May 1950 through February 1951, 6 Bus. See Ajir v. Exxon Corp., No. In his role, he oversees all business related to Motivas refinery, the largest in North America, and chemicals plant. 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. 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. Each Dealer contractually agreed to buy gasoline at the DTW price applicable only to Shell-branded lessee-dealers. 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. White & Robert S. Summers, Uniform Commercial Code ' 3-8, at 150 (4th ed. Take the hesitation out of shopping with Fortiva's revolving line of credit. @), aff=d, 185 F.3d 865 (table), 1999 WL 393666 (9th Cir. The Offer to Purchase and the Notice of Guaranteed Delivery are referred to herein collectively as the Offer Documents., 76 is a registered trademark owned by Phillips 66 Company. That means it is charged, but paid off each month. Motiva Enterprises Houston RX Learn about the "Motiva Enterprises Houston Rx" charge and why it appears on your credit card statement. For nearly two decades, Motiva has been providing the energy our country needs to grow and prosper. . Premising a breach of contract claim solely on assumed subjective motives injects uncertainty into the law of contracts and undermines one of the UCC=s primary goals B to Apromot[e] certainty and predictability in commercial transactions. Bill Spurgeon is Executive Vice President of Marketing, Sales & Logistics for Motiva. 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. Included in the comparison are branded and unbranded jobbers who pick up their gasoline at terminals, open dealers who own their own premises, and company-owned stores operated by other refiners. PO Box 4369. A $4 transaction titled simply "Wagon Road" may . 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. 499, 509 (E.D. & Com. Since then, she has been instrumental in aligning Motivas legal obligations with its business compliance activities. 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. Id. 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. 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. - Nyckel, machine learning API Rose is a passionate, engaging leader with nearly three decades of industry experience in business operations and financial management. Shell Oil Company, Motiva Enterprises LLC. 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. Its as simple as that. Equilon became a fully owned subsidiary of Shell, while Saudi Aramco and Shell each became equal owners of Motiva. 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. In 2007, he moved to Shells Puget Sound refinery, returning to Motiva in 2010 to work on the Crude Expansion Project in Port Arthur. WalletHub, Financial Company. A strong advocate for continuous improvement, he is passionate about delivering excellence while approaching each situation with an entrepreneurial curiosity. from Dartmouth College and her J.D. . / Motiva Enterprises LLC; Motiva Enterprises LLC. @ See Tex. But in the normal case a "posted price" or a future seller's or buyer's "given price," "price in effect," "market price," or the like satisfies the good faith requirement. How can I tell if an email is fraudulent? Our 2,700 dedicated US employees embody the idea of success born out of team effort. 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. 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. Search over 700 million verified professionals across 35 million companies. Creel & Sons, Inc., 465 S.E.2d 84, 86 (S.C. 1995). @ Id. [1] Each dealer and Shell enter into two agreements: a Lease and a Dealer Agreement. His team also shepherds the development of Motivas Port Arthur, Texas downtown campus, which will office Port Arthur region business activities.. . 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. 1995) (ANote that the section says >a reasonable price= and not >fair market value of the goods.= These two would not be identical.@). 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. Good faith includes observance of reasonable commercial standards of fair dealing in the trade if the party is a merchant. 1981), and Allapattah Serv., Inc v. Exxon Corp., 61 F. Supp. Bus. Todos los derechos reservados. 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. 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. @ Id. 2023. An energetic and innovative leader, Kimberly brings a unique perspective to Human Resources with over 24 years of experience providing legal support to HR. The sender requests that you send them money or pay in advance for services. 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). . 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. Instructions to download your statement will vary from credit card to credit card; this is a general outline. - Personal Finance Club That is the nature of a long-term franchise. There are 24 storage and distribution terminals.[11]. We leverage decades of financial experience to provide you with accessible credit solutions, even if you have less than perfect credit. at 509 (E.D. STARBUCKSCORP00034140KIRKLANDWA See Mathis, 302 F.3d at 457. [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. Up to 5 free lookups / month. Id. She brings nearly 30 years of experience in safety, security, and environmental management to the position. 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. The Dealers maintain, however, that even though Shell used a posted price it nevertheless violated its duty of good faith by setting its DTW price too high with the conscious intention of driving some of its franchisees out of business. Your card will never be charged. She joined Motiva in 2014 as Refining Finance Manager and since then has held multiple leadership positions of increasing responsibility. Kyndryl is also leveraging data analytics and workflow automation to help accelerate Motiva's IT service management capabilities. 3. Corporate Family Discover. Here the Dealers= claim of bad faith appears to be inextricably tied to the amount of the price set by Shell. 1 complaints closed in last 12 months. 2. The details typically include how much your account was charged, who received payment, when the transaction occurred and when . 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. @ Id. He has also completed executive programs at Harvard Business School, Stanford University, and Case Western Reserve University. Her expertise comes from the 17 years spent as a litigation partner, trying complex commercial cases to juries and arbitral panels including claims of bank fraud, securities fraud, and RICO before moving into complex transactions such as mergers and acquisitions, divestitures and dissolutions. Headquartered in Houston, Texas, it had revenue of $37Billion. Motiva communicates via email only where an established commercial relationship between Motiva and a supplier or customer already exists. 102 S.W.3d 205. 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. Brenda also held a global leadership role within Shell, where she was responsible for environmental management of Shells manufacturing sites across the world. 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. To check your charge names you can copy and paste them, one per line, into the box below. Houston, TX 77210. A good-faith price under section 2.305 is not synonymous with a fair market price or the lowest price available. The Offer was made on the terms and subject to the conditions set forth in the Offer to Purchase, dated September 6, 2022 (the Offer to Purchase), and the related Notice of Guaranteed Delivery attached to the Offer to Purchase (the Notice of Guaranteed Delivery). 1999); Exxon Corp. v. Superior Court of Santa Clara County, 60 Cal. The charge on your credit card statement that you don't recognize could be a charge from an unfamiliar merchant, a fee charged by the card issuer, a mistake of some sort, or an unauthorized credit card transaction. See, e.g., Tom-Lin Enters., Inc. v. Sunoco, Inc., 349 F.3d 277, 281-83 (6th Cir. R. 36-3(b)(iii). Ct. App. 102 S.W.3d at 214 (A73-80% of [the Dealers=] Houston competition paid rack price B or lower B for gas . 2003). 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 . Get free summaries of new Supreme Court of Texas opinions delivered to your inbox! 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. Du kan ndra dina val nr som helst genom att klicka p lnkarna "Integritetspanel" p vra webbplatser och appar. First, Shell acts as a franchisor, leasing service stations to franchisees such as the Dealers here that sell Shell-branded gasoline. Bus. 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. 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. 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. When typing in this field, a list of search results will appear and be automatically updated as you type. 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. She has a deep understanding of the organization and the strategic role it plays in the business. Moody's announces completion of a periodic review of ratings of Motiva Enterprises LLC. 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. The Fortiva Credit Card, Fortiva Retail Credit and Fortiva Personal Loan products are issued by The Bank of Missouri, Perryville, MO, Member FDIC. The drafters, however, also wished to minimize judicial intrusion into the setting of prices under open-price-term contracts. He earned a Bachelor of Science degree in mechanical engineering from the University of South Alabama. 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. We know we play a significant role in the communities that we operate in. & Com. 1981); Harvey v. Fearless Farris Wholesale, Inc., 589 F.2d 451, 461 (9th Cir. Income verification through access to your bank account information may be required. Pa. 1982); Adams, 465 S.E.2d at 86. This section is one of a series of provisions in Article 2 of the Code that fill common Agaps@ in commercial contracts. Finally, Shell sells branded and unbranded gasoline to jobbers. 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. His steady focus on safety and reliability has enabled the Complex to set production records as well as continually strengthen its safety record. We leverage decades of financial experience to provide you with accessible credit solutions, even if you have less than perfect credit. 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. In their free time they enjoy traveling, spending time with family and volunteering. Prior to her time at Motiva, Kimberly spent 13 years at Shell, where she specialized in labor, employment, and employee benefits. 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. Brenda and her husband Conly have been married for 28 years and have two children. 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. Airlines Employees Fed. Amoco Oil Co., 923 F. Supp. As the court in Wayman observed, A[i]t is abundantly clear . 15 U.S.C. '' We take that role seriously. 3 (emphasis added). Your pasted text should look like this: PANERA BREAD #688 TROY MI.
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