Your pasted text should look like this: PANERABREAD#688TROYMI He develops agile teams that tackle new opportunities quickly to help Motiva gain marketplace advantages. In their free time they enjoy traveling, spending time with family and volunteering. 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. Visit Website. First, Shell acts as a franchisor, leasing service stations to franchisees such as the Dealers here that sell Shell-branded gasoline. 1997) (same). - About Us Although price discrimination was the type of aberrant case on the minds of the drafters, price discrimination is merely a subset of what constitutes such an aberrant case. Use the unsecured Fortiva Credit Card anywhere Mastercard. Shell and the Shell Pecten are trademarks of Royal Dutch Shell Group. Final approval is not guaranteed if you do not meet all applicable criteria {including adequate proof of ability to repay}. Travis helped guide Motivas early entry into the chemicals business with the 2019 acquisition of Flint Hills Port Arthurs chemicals facility. 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. 1322, 1332 (D. Kan. 1996) aff=d mem., 145 F.3d 1347 (10th Cir. Good faith includes observance of reasonable commercial standards of fair dealing in the trade if the party is a merchant. Language links are at the top of the page across from the title. @ Id. Overview. Jeff Rinker was appointed President and CEO of Motiva Enterprises in July 2022. 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. The drafters reasonably foresaw that almost any price could be attacked unless it benefitted from a strong presumption. 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. Law. Good faith is defined elsewhere in the Code to mean Ahonesty in fact and the observance of reasonable commercial standards of fair dealing. 2801-2806. Shell=s price to its dealers is referred to as the DTW (Adealer tank wagon@) price because it includes delivery to the dealer=s station by a Shell tanker truck. The average credit card processing fee ranges between 1.5% and 3.5%. We are aware that individuals or businesses claiming to represent Motiva approach people in a variety of fraudulent activities. Motiva communicates via email only where an established commercial relationship between Motiva and a supplier or customer already exists. Todos los derechos reservados. He supports merger and acquisition growth of existing business segments, such as the acquisition of an additional Port Everglades, Florida terminal and the formation of the Juniper Ventures of Texas retail joint venture in central Texas. & Com. 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. 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. Maybe it's a mysterious $1 fee that could be a scam, or you suspect someone took your card number for a shopping spree. financial benefits of concert attendance to the community music; how many toes does a brahma chicken have; what is the difference between section 17 and section 47 Marketing outlets include 5200 Shell and 76-branded service stations. You may find the website and phone number of the merchant. Through this program, grants up to $10,000 per applicant are being awarded to eligible organizations to fund the purchase of . He was responsible for supporting the construction completion, commissioning, and early operation of the $10 billion project that doubled the capacity of the refinery. from 8 AM - 9 PM ET. Kyndryl is also leveraging data analytics and workflow automation to help accelerate Motiva's IT service management capabilities. 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. Pa. 1982); Adams v. G.J. Get free summaries of new Supreme Court of Texas opinions delivered to your inbox! 1998); Richard Short Oil Co. v. Texaco, Inc., 799 F.2d 415, 422 (8th Cir. 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. . That means that the debt on a card that doesn't carry a balance is typically considerably lower than a card with a balance. Get contact details including emails and phone numbers . Most courts have rejected the approach of the Fifth Circuit and the court below in interpreting the good faith requirement of section 2.305. at 454-55. 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. [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. But good faith under section 2.305(b) does not mandate a competitive price for each individual Dealer, nor could it. 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. That is the nature of a long-term franchise. AMAZON MKTPLACE PMTS AMZN.COM/BILL WA. Airlines Employees Fed. [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. How can I tell if an email is fraudulent? Bill also served as General Manager of Shells West Region Sales & Operations, overseeing 3,000 Shell-branded stations in 11 states. Content Hub . He brings more than 30 years of experience in refining operations to the position. 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. Prior to assuming his current role at Motiva, Bill held multiple global leadership roles with Shell, including Shareholder Representative for Shell Japan and General Manager of Global Retail Strategy, where he was responsible for 43,000 retail sites worldwide in more than 80 countries. 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. 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. Although the contracts with the Dealers do not require them to buy Shell gasoline exclusively from Shell itself, agreements between Shell and its jobbers effectively eliminate the only major alternative source for Shell-branded gasoline. 1.201(b)(20). 1985). 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. OPTION 2 (American Express and Discover only). Amy Marlyse Plato is Motivas Executive Vice President, Legal & Corporate Affairs. The Dealers themselves concede that Shell is not obligated to price its gasoline with their interests in mind or to protect them from competition. 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. @ See Tex. 3 (emphasis added). from Dartmouth College and her J.D. 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. That means it is charged, but paid off each month. montreux jazz festival 2022 lineup See, e.g., Tom-Lin Enters., Inc. v. Sunoco, Inc., 349 F.3d 277, 281-83 (6th Cir. 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. Id. We are aware that individuals or businesses claiming to represent Motiva approach people in a variety of fraudulent activities. Bill earned a Bachelor of Science degree in finance from the University of Colorado. Reliability, quality and service are the bedrock of your business. When typing in this field, a list of search results will appear and be automatically updated as you type. . 1995) (noting that Athe subjective rule never prevailed in Article 2 with respect to merchants@ and that in Avarious other articles of the Code there has been a movement from subjective to objective definitions of good faith@). This site is protected by reCAPTCHA and the Google. He earned a Bachelor of Science degree in mechanical engineering from the University of South Alabama. from the University of Texas School of Law. 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. 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. Shell argues that these circumstantial factors are either irrelevant, unrelated to Shell=s pricing, or unsupported by the record. "As supply chain uncertainty continues to create disruptions for businesses across the globe, Motiva has found it more critical than ever to transform its IT services, increase IT operational efficiencies, and enhance digital workplace services," said Anthony Dayao, Motiva Chief Information Officer. 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. We know we play a significant role in the communities that we operate in. . This guide outlines policies, requirements and procedures for transactions made at Shell service stations using . Instead, Shell suggests that market forces beyond its control are at the root of these problems. They reject the notion that discriminatory pricing is the only way to rebut Comment 3's posted price presumption. Shell and the Shell Pecten are trademarks of Royal Dutch Shell Group. Always striving to understand how others see the world, Travis serves on the board of directors of FotoFest, a photography arts organization, in Houston. 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. Mysterious or fraudulent charges on your credit card statement are no need to panic, but they do require quick action. 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. No credit card required. 2d 1308, 1322 (S.D. Theyre a genuine part of our success, committed to the same practice of excellence that we are. We leverage decades of financial experience to provide you with accessible credit solutions, even if you have less than perfect credit. The difference is, you can make the minimum payment to avoid a late fee. 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. Both of these cases recognize that a price, commercially reasonable on its face, may nevertheless be applied in a dishonest fashion. She also served as the Secretary and General Counsel of Motiva Trading LLC and as counsel to the Employee Benefits and Investment Committees. Financial empowerment solutions so you can handle life's challenges. 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.. 2023 All rights reserved. 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. 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. Code ' 2.305(b). She expanded her scope to support Shells downstream commercial business serving as Vice President of Legal for Jiffy Lube International, a Shell subsidiary. She joined Motiva in January of 2020 as Motivas Executive Vice President, General Counsel, Secretary and Business Compliance Officer. 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). PO Box 4369. how to know past life through astrology; does nomberry sell authentic items 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. In Nanakuli, a buyer of asphalt under an open-price-term contract asserted that the seller had breached its section 2.305 duty of good faith by failing to follow industry custom when changing its price. Bidenomics Report Card. 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. 2023. Get Contact Info. Headquartered in Houston, Texas, it had revenue of $37Billion. Rose Sink was named Chief Financial Officer and Executive Vice President of Finance at Motiva, effective July 1, 2020. [6][7], In 1997, Shell embarked on two joint ventures with Texaco in which the companies merged their marketing and refining operations. at 457. There are several ways to recognize if an email is fraudulent. at 1322. 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. @ Tex. 1986); Waymanv. 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 . She has a deep understanding of the organization and the strategic role it plays in the business. Our consistency of service and quality of product make us a favorite of retailers everywhere we operate. See Ajir v. Exxon Corp., No. Dealers claim that Shell=s DTW prices cannot be set in good faith because they are so high that they put Dealers at a competitive disadvantage. at 454. STARBUCKS CORP00034140 KIRKLAND WA. Houston, TX 77210. The DTW price is typically higher than the rack price, although Shell does not set either price in relation to the other. 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. Allapattah, 61 F. Supp. 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. - Personal Finance Club We take that role seriously. S)) (the Notes). afficher des publicits et des contenus personnaliss en fonction de vos profils de centres dintrt; mesurer lefficacit des publicits et contenus personnaliss; et. Our employees are what make us great. 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. 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. Click Here. C 93-20830, 1995 WL 261412, at *4 (N.D. Cal. [5] Motiva operates as a distributor of Shell and 76 branded gasolines within its operating territory. To further manage Motivas reputational risks, streamline responsibilities, and ensure important checks-and-balances are in place among the various roles involved in Motivas external stakeholder engagement, Amys role expanded in June 2020. Equilon Enterprises LLC, and Equiva Services LLC, ====================================================, Court of Appeals for the Fourteenth District of Texas. In their free time they enjoy spending time with family and traveling. 76 is a registered trademark owned by Phillips 66 Company. In his role, he oversees all business related to Motivas refinery, the largest in North America, and chemicals plant. The email has a generic greeting, such as "hello customer" or "hello user.". [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. 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. 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. We will never send emails to you from public email domains, such as @gmail.com, @yahoo.com, or @hotmail.com..