Beyond prohibiting discriminatory pricing, the drafters wished to minimize judicial intrusion into the setting of prices under open-price-term contracts. motiva enterprises houston tx charge on credit card Category. First seen on June 27, 2022, Last updated on June 27, 2022 Motiva During her career she has demonstrated an excellent track record of maintaining disciplined financial controls while building and leading highly collaborative and productive teams. [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. Code ' 2.305 cmt. There are 24 storage and distribution terminals.[11]. Jobbers may have distribution agreements with several refiners simultaneously. If you accept an offer a hard inquiry will be made. But in both of these cases, the allegation of bad faith resulted in a commercial injury distinct from the price increase itself. For more information, visit www.kyndryl.com. 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. Motiva Enterprises, LLC, is an American company that operates as a fully-owned affiliate of Saudi Aramco. Enterprises LLC) ("SOPUS") and Motiva Enterprises LLC ("Motiva"). Contact Information. 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. WalletHub, Financial Company. 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. Contact, INTERNATIONAL ONLINE PURCHASE INSUFFICIENT FUNDS FEE:TRLHKRS.COM 8884929410 CY. 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. She expanded her scope to support Shells downstream commercial business serving as Vice President of Legal for Jiffy Lube International, a Shell subsidiary. 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. A good-faith price under section 2.305 is not synonymous with a fair market price or the lowest price available. That means that the debt on a card that doesn't carry a balance is typically considerably lower than a card with a balance. Website. Jobbers pay a Arack@ price that is available for gasoline bought and picked up at Shell=s terminals. The two cases relied on by Mathis appear to make a similar connection. Brenda also held a global leadership role within Shell, where she was responsible for environmental management of Shells manufacturing sites across the world. 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. from Dartmouth College and her J.D. What should I do if I receive a fraudulent email? 1998); Richard Short Oil Co. v. Texaco, Inc., 799 F.2d 415, 422 (8th Cir. Since then, she has been instrumental in aligning Motivas legal obligations with its business compliance activities. 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. We recommend that you do not respond to any suspicious emails or any email you do not trust. 20. Never disclose your personal or financial details to anyone you do not know. 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. . how to know past life through astrology; does nomberry sell authentic items He also served as Chairman of the National Hydrogen Association in the US. 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. 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. From 2017 to 2020, Jeff held various senior leadership positions at Husky Energy in Calgary, Alberta. MOTIVA ENTERPRISES LLC CASH TENDER OFFER FOR ANY AND ALL OF ITS - Yahoo Sign up for our free summaries and get the latest delivered directly to you. summer research programs for high school students 2022 In many ways, our story is just beginning. As you read your credit card statement, you'll see a transactions section. 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. 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. 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. 76 is a registered trademark owned by Phillips 66 Company. 4 Best Charge Cards (May 2023) - WalletHub The Star Enterprises operation and Shell's eastern and southeastern operations were merged into a company called "Motiva". Pa. 1982); Adams, 465 S.E.2d at 86. There are several ways to recognize if an email is fraudulent. Theyre a genuine part of our success, committed to the same practice of excellence that we are. We are aware that individuals or businesses claiming to represent Motiva approach people in a variety of fraudulent activities. 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. Prior to assuming her current role at Motiva, Amy served as primary corporate counsel for Aramco Services Companys (ASC) subsidiary Saudi Refining, Inc. (SRI) in conjunction with SRIs distribution of assets and liabilities out of its joint venture with Shell, Motiva Enterprises, LLC. Bus. Motiva Enterprises LLC Company Profile | Houston, TX | Competitors As the court in Wayman observed, A[i]t is abundantly clear . Ct. App. 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. Stay on top of your Business Credit File. 102 S.W.3d at 214. © 2023 What's That Charge 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. If you are contacted by an individual or a business claiming to be Motiva (or using a variant of Motivas name) with an offer or product under terms that vary significantly from the market average or requesting payment in advance for services, it is likely a scam. @ Id. 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. @ See Tex. 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. Always striving to understand how others see the world, Travis serves on the board of directors of FotoFest, a photography arts organization, in Houston. Click Here. at 457. The seller, however, abandoned this practice, raising the price without notice. Your credentials are transmitted securely and then cleared after querying. To check your charge names you can copy and paste them, one per line, into the box below. 1985). She joined Motiva in January of 2020 as Motivas Executive Vice President, General Counsel, Secretary and Business Compliance Officer. Finally, Shell sells branded and unbranded gasoline to jobbers. Code ' 2.305(b). How to Spot and Dispute Fraudulent Credit Card Charges 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. 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. 1322, 1332 (D. Kan. 1996) aff=d mem., 145 F.3d 1347 (10th Cir. what happened to the sylvers father what happened to the sylvers father Leadership - Motiva 102 S.W.3d at 214-15. Disregarding the posted-price presumption, the court concluded that this was not a normal case because the dispute was Anot over the amount of the increase B that is, the price that the seller fixed B but over the manner in which that increase was put into effect. Instructions to download your statement will vary from credit card to credit card; this is a general outline. (c) When a price left to be fixed otherwise than by agreement of the parties fails to be fixed through fault of one party the other may at his option treat the contract as cancelled or himself fix a reasonable price. Thus, the court placed the following limitation on Comment 3's safe harbor: [Comment 3] avoids challenges to prices set according to an open price term unless that challenge is outside the normal type of case. If you receive such proposals claiming to be sent by or on behalf of Motiva, pleasecontact usat or contact your local police. at 1312-13. Travis helped guide Motivas early entry into the chemicals business with the 2019 acquisition of Flint Hills Port Arthurs chemicals facility. In his role, he oversees all business related to Motivas refinery, the largest in North America, and chemicals plant. 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. According to the court, this evidence generally included: (1) the DTW price itself, which was on the high end of the wholesale pricing spectrum, (2) the Acaptive@ nature of relationship between Shell and its franchisees, and (3) the general decline in the business fortunes of Shell franchisees. Mysterious or fraudulent charges on your credit card statement are no need to panic, but they do require quick action. STARBUCKSCORP00034140KIRKLANDWA & Com. In support of its interpretation, the court cited NanakuliPaving & Rock Co. v. Shell Oil Co., 664 F.2d 772, 806 (9th Cir. Get a D&B Hoovers Free Trial. Through the Shell and 76 brands, Motiva also sells petroleum products in more than 5,000 retail gasoline stations. Motiva Enterprises Houston RX Learn about the "Motiva Enterprises Houston Rx" charge and why it appears on your credit card statement. Allapattah, 61 F. Supp. Payment alternatives for retail purchases. at 1332; T.A.M., Inc., 553 F. Supp. 3. at 1346-47. Allapattah, 61 F. Supp. 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. @), aff=d, 185 F.3d 865 (table), 1999 WL 393666 (9th Cir. A $4 transaction titled simply "Wagon Road" may . The refiner contended that a price fixed according to an established price schedule was within the safe harbor described in Comment 3. While you're reviewing your statement, check the category assigned to the charge. |, 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. They have a sailboat and enjoy sailing on Galveston Bay. Motiva Enterprises Houston RX - What's That Charge She has a deep understanding of the organization and the strategic role it plays in the business. Shell moved for summary judgment on Dealers= good-faith pricing claims, contending that it was entitled to judgment as a matter of law because it charged a posted price applied uniformly to all Dealers and was a commercially reasonable price as well. . Its as simple as that. 2003); Havird Oil Co. v. Marathon Oil Co., 149 F.3d 283, 290-91 (4th Cir. 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. Equilon became a fully owned subsidiary of Shell, while Saudi Aramco and Shell each became equal owners of Motiva.
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