motiva enterprises charge on credit card

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. We agree with those decisions that have upheld the posted price presumption against similar attacks. 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. Bus. Fla. 1999), aff=d, 333 F.3d 1248 (11th Cir. 2d 1308, 1322 (S.D. 61980AAD5 (144A . Most courts have rejected the approach of the Fifth Circuit and the court below in interpreting the good faith requirement of section 2.305. *Prequalify means that you authorize us to make a soft inquiry that will not affect your credit. While you're reviewing your statement, check the category assigned to the charge. @ Id. 1981); Harvey v. Fearless Farris Wholesale, Inc., 589 F.2d 451, 461 (9th Cir. Rose and her husband Ellis live in Houston with their two daughters, Kendall and Annie. Brenda Allen became Vice President Health, Safety, Security & Environmental on January 1, 2023. 76 is a registered trademark owned by Phillips 66 Company. Use the unsecured Fortiva Credit Card anywhere Mastercard. @), aff=d, 185 F.3d 865 (table), 1999 WL 393666 (9th Cir. Motiva operates as a distributor of Shell and 76 branded gasolines within its operating territory.. Motiva Enterprises LLC uses 6 email formats: 1. first '.' last@motiva.com (100.0%). R. 36-3(b)(iii). PDF Transaction Card Guide October 2011 - gilliganoilcompany.com 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 . The email is written using poor English and includes grammatical errors. Jeff Newman was named Senior Vice President and General Manager of the Port Arthur Manufacturing Complex in July 2022. He also serves on the board of directors for Artpace San Antonio, an arts residency program. TCPIndus., Inc. v. Uniroyal, Inc., 661 F.2d 542, 548 (6th Cir. The two cases relied on by Mathis appear to make a similar connection. montreux jazz festival 2022 lineup Klicka p Avvisa alla om du inte vill att vi och vra partner ska anvnda cookies och personuppgifter fr dessa ytterligare ndaml. Jeff Rinker was appointed President and CEO of Motiva Enterprises in July 2022. 1 complaints closed in last 12 months. If you accept an offer a hard inquiry will be made. See 2 James J. In such a case the price is a reasonable price at the time for delivery if, (2) the price is left to be agreed by the parties and they fail to agree; or. 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. We cannot agree that a relatively high, yet commercially reasonable, price is evidence of bad faith. Good faith includes observance of reasonable commercial standards of fair dealing in the trade if the party is a merchant. See Mathis, 302 F.3d at 457. 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. Brenda also held a global leadership role within Shell, where she was responsible for environmental management of Shells manufacturing sites across the world. Bidenomics Report Card. Jobbers may have distribution agreements with several refiners simultaneously. AMAZON MKTPLACE PMTS AMZN.COM/BILL WA. Code ' 2.305(b). Bus. Motiva Enterprises LLC Company Profile | Houston, TX | Competitors See If You Prequalify*. The company designs, builds, manages and modernizes the complex, mission-critical information systems that the world depends on every day. Finally, Shell sells branded and unbranded gasoline to jobbers. 2002), which also involved open-price contracts between an oil refiner and its dealer/franchisees. She brings nearly 30 years of experience in safety, security, and environmental management to the position. 20. Motiva @ Am. Click Here. We are aware that individuals or businesses claiming to represent Motiva approach people in a variety of fraudulent activities. She expanded her scope to support Shells downstream commercial business serving as Vice President of Legal for Jiffy Lube International, a Shell subsidiary. 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. summer research programs for high school students 2022 . He earned a Bachelor of Science degree in mechanical engineering from the University of South Alabama. Travis Capps is Executive Vice President of Optimization and Strategy at Motiva. 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. at 509 (E.D. March 13, 2023 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. No credit card required. Search. Code ' 2.305 cmt. & Comm. 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. Motiva Enterprises LLC -- Moody's announces completion of a periodic 102 S.W.3d at 214. 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 1332; T.A.M., Inc., 553 F. Supp. Fortiva credit products help you confidently take the next step on your financial journey. To check your charge names you can copy and paste them, one per line, into the box below. 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. C 93-20830, 1995 WL 261412, at *4 (N.D. Cal. What should I do if I receive a fraudulent email? The details typically include how much your account was charged, who received payment, when the transaction occurred and when . He serves as a member of the Board of Directors of Motiva. Travis plays a key role in Motiva's long-term growth plans. Houston, TX 77210. Your pasted text should look like this: PANERA BREAD #688 TROY MI. Rather we conclude that allegations of dishonesty under this section must also have some basis in objective fact which at a minimum requires some connection to the commercial realities of the case. . 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. 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. Portuguese products available Online we mail to all lower 48 states. STARBUCKSCORP00034140KIRKLANDWA Amy Marlyse Plato is Motivas Executive Vice President, Legal & Corporate Affairs. OPTION 2 (American Express and Discover only). For nearly two decades, Motiva has been providing the energy our country needs to grow and prosper. 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. Si vous ne souhaitez pas que nos partenaires et nousmmes utilisions des cookies et vos donnes personnelles pour ces motifs supplmentaires, cliquez sur Refuser tout. The dealers claim that the refiner=s pricing practices are forcing them out of business and therefore are not in good faith. Moody's announces completion of a periodic review of ratings of Motiva Enterprises LLC. Code ' 2.305 cmt. Some jobbers are wholesale distributors, selling Shell-branded and unbranded gasoline to stations operated by independent business owners. Shell argues that these circumstantial factors are either irrelevant, unrelated to Shell=s pricing, or unsupported by the record. from Dartmouth College and her J.D. & Com. Credit Card Processing Fees (2023 Guide) - Forbes Advisor Up to 5 free lookups / month. We agree with Shell that the court of appeals= list of circumstantial factors are not evidence that Shell lacked good faith when fixing its DTW price. Motiva communicates via email only where an established commercial relationship between Motiva and a supplier or customer already exists. at 454-55. The Fortiva Credit Card, Fortiva Retail Credit and Fortiva Personal Loan products are issued by The Bank of Missouri, Perryville, MO, Member FDIC. He was responsible for supporting the construction completion, commissioning, and early operation of the $10 billion project that doubled the capacity of the refinery. In this role, he developed and implemented an optimization-led business model across six refineries and upgraders to deliver improved safety, reliability, and profitability. (Section 2 103). (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. Always striving to understand how others see the world, Travis serves on the board of directors of FotoFest, a photography arts organization, in Houston. Best Charge Cards of 2021: Compare & Apply | CreditCards.com ", "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.". Id. Id. Rose is a passionate, engaging leader with nearly three decades of industry experience in business operations and financial management. |, 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. Bus. All Rights Reserved. at 806. Shell=s agreements with the Dealers prohibit them from selling any gasoline except Shell-branded gasoline. Approved communications from Motiva, including our subsidiaries, will be sent using an @motiva.com email address. Fraud Alert - Motiva & Com. motiva enterprises qps houston tx - portuguesebasket.com What's This Charge On My Credit Card? - WalletHub What's That Charge?! Identify those mysterious charges on your credit motiva enterprises houston tx charge on credit card 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. 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. Kyndryl (NYSE: KD) is the world's largest IT infrastructure services provider. Stay on top of your Business Credit File. . Shell=s relationship with its lessee dealers is also governed by the federal Petroleum Marketing Practices Act (APMPA@), which regulates the grounds for termination and nonrenewal of petroleum franchise relationships. Shell submits that there is no evidence that its DTW price caused any particular Dealer to fail or be uncompetitive in the market. Pa. 1982); Adams, 465 S.E.2d at 86. Bill is a dynamic leader with more than three decades of global retail strategy, fuel sales marketing and energy operations experience. motiva enterprises houston tx charge on credit card Category. 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). 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. & Com. If you receive such proposals claiming to be sent by or on behalf of Motiva, pleasecontact usat or contact your local police. Open-price-term contracts are commonly used in the gasoline refining and marketing industry due to price volatility. 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. 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. Bills, Inc. v. Tzucanow, 700 P2d 1280 (Cal. MOTIVA ENTERPRISES LLC CASH TENDER OFFER FOR ANY AND ALL OF ITS - Yahoo 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. 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. [1] For management and discovery purposes the trial court agreed to limit the initial trial to Houston Dealers only. Global Credit Research - 11 Aug 2020 . 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. Amoco Oil Co., 923 F. Supp. She is at the forefront of protecting Motivas business interests and building the companys reputation in the industry. First, Shell acts as a franchisor, leasing service stations to franchisees such as the Dealers here that sell Shell-branded gasoline. 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. (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. 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. S)) (the Notes). Our consistency of service and quality of product make us a favorite of retailers everywhere we operate. from 8 AM - 9 PM ET. The sender pressures you to act immediately. Jobbers pay a Arack@ price that is available for gasoline bought and picked up at Shell=s terminals. 113, 186 (1951). 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.". A $4 transaction titled simply "Wagon Road" may . Corporate Family Discover. © 2023 What's That Charge 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. @ Id. afficher des publicits et des contenus personnaliss en fonction de vos profils de centres dintrt; mesurer lefficacit des publicits et contenus personnaliss; et. This charge has been reported as trusted by 42 users, 57 users marked the credit card charge as suspicious. 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. 76 is a registered trademark owned by Phillips 66 Company. Once the expansion was complete, Jeff moved into a leadership role as Maintenance Manager at the refinery, and in 2019, he became Vice President, Production. He also served as Chairman of the National Hydrogen Association in the US. what happened to the sylvers father what happened to the sylvers father 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. A strong advocate for continuous improvement, he is passionate about delivering excellence while approaching each situation with an entrepreneurial curiosity. See Ajir v. Exxon Corp., No. His team also shepherds the development of Motivas Port Arthur, Texas downtown campus, which will office Port Arthur region business activities.. 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. 1981), and Allapattah Serv., Inc v. Exxon Corp., 61 F. Supp. Ct. App. 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). 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. Shell Oil Company, Motiva Enterprises LLC. [5] Motiva operates as a distributor of Shell and 76 branded gasolines within its operating territory. 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. [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. in effect@ at the time of purchase. Rose Sink was named Chief Financial Officer and Executive Vice President of Finance at Motiva, effective July 1, 2020. 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. 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. Motiva Enterprises - Wikipedia Si vous souhaitez personnaliser vos choix, cliquez sur Grer les paramtres de confidentialit. White & Robert S. Summers, Uniform Commercial Code ' 3-8, at 150 (4th ed. 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. Never disclose your personal or financial details to anyone you do not know. The average credit card processing fee ranges between 1.5% and 3.5%. 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 Dealers rely extensively on the Fifth Circuit Court of Appeals= recent decision in Mathis v. Exxon Corp., 302 F.3d 448 (5th Cir. NEW YORK, March 31, 2022 /PRNewswire/ -- Kyndryl (NYSE:KD), the world's largest IT infrastructure services provider, today announced it has signed a five-year, $160M agreement with Motiva Enterprises, owner of North America's largest refinery, under which Kyndryl will streamline Motiva's IT services, accelerate its cloud journey, and lay the foundation for its enterprise-wide digital transformation. In this case, we must decide whether the price fixed by a refiner for the sale of its gasoline under an open-price-term contract with its dealers was in good faith as required by section 2.305(b) of the Texas Business and Commerce Code. . That makes charge cards less flexible when it . The Dealers themselves concede that Shell is not obligated to price its gasoline with their interests in mind or to protect them from competition. Compare that to $7,527 per card that usually carries a balance. 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. at 1322. But in both of these cases, the allegation of bad faith resulted in a commercial injury distinct from the price increase itself. It could be a legitimate charge that is simply pending until the merchant completes processing. Id. Allapattah, 61 F. Supp. Through the Shell and 76 brands, Motiva also sells petroleum products in more than 5,000 retail gasoline stations. 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. Second, Shell sells Shell-branded gasoline directly to the public through company-operated stations. 664 F.2d at 778. His steady focus on safety and reliability has enabled the Complex to set production records as well as continually strengthen its safety record. 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. [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. summer research programs for high school students 2022 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. If you aren't carrying a balance, the average debt per card is $1,154, according to creditcards.com. The court concluded that these allegations were not the normal case contemplated under section 2.305 if there was evidence that the refiner double charged to recover its costs of credit while representing to its buyers that its price was net of credit costs. 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. Get a D&B Hoovers Free Trial. Motiva Enterprises LLC ("Motiva") announced today that it has commenced a cash tender offer for any and all of its outstanding 6.85% senior notes due January 15, 2040 (CUSIP Nos. 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. In many cases, unfamiliar charges are simply the result of the cardholder not recognizing the . 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; Bill Spurgeon is Executive Vice President of Marketing, Sales & Logistics for Motiva. 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. Bus. Prior to joining Motiva, Rose spent more than two decades at Shell, serving in a variety of leadership roles in both Finance and Accounting. We know we play a significant role in the communities that we operate in. Vi, Yahoo, r en del av Yahoos varumrkesfamilj. credit card companies may charge higher interchange fees for online purchases since fraud is a bigger problem with these . Get Contact Info. 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. As the court in Wayman observed, A[i]t is abundantly clear . A good-faith price under section 2.305 is not synonymous with a fair market price or the lowest price available. Id. . @ Id. ' During her career she has demonstrated an excellent track record of maintaining disciplined financial controls while building and leading highly collaborative and productive teams. Evidence that different prices are available to different classes of trade is not evidence of bad faith under section 2.305. Search over 700 million verified professionals across 35 million companies. She also served as the Secretary and General Counsel of Motiva Trading LLC and as counsel to the Employee Benefits and Investment Committees. 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. 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. Fortiva credit products help you confidently take the next step on your financial journey. You may find the website and phone number of the merchant. The buyer established that by trade custom and usage the sellers of asphalt on the island of Oahu, Hawaii price protected their buyers by providing notice of price increases and an opportunity for the buyer to complete projects bid under the old price. . White & Robert S. Summers, Uniform Commercial Code ' 17.6 at 167 (4th ed. He has also completed executive programs at Harvard Business School, Stanford University, and Case Western Reserve University. 4 Best Charge Cards (May 2023) - WalletHub Motiva Enterprises Houston RX Learn about the "Motiva Enterprises Houston Rx" charge and why it appears on your credit card statement.
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