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Pa. 1982); Adams, 465 S.E.2d at 86. (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. (28). address is b****[emailprotected], Bob Steinberg's business email Motiva Enterprises owns and operates the Port Arthur Refinery in Port Arthur, Texas. The two cases relied on by Mathis appear to make a similar connection. (19). Newest Credit Card Charges. 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. 2d 195, 205 (Cal. White & Robert S. Summers, Uniform Commercial Code ' 17.6 at 167 (4th ed. Shell and the Shell Pecten are trademarks of Royal Dutch Shell Group. 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. These are great options for a starter portfolio. Motiva Enterprises LLC Company Profile | Houston, TX Dun 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. We will never send emails to you from public email domains, such as @gmail.com, @yahoo.com, or @hotmail.com.. Code ' 2.305 cmt. .@). 1997) (same). Bob Steinberg's Email & Phone - Motiva Enterprises LLC - Houston, Texas Bob Steinberg's Professional Skills Radar Equilon Enterprises LLC, and Equiva Services LLC, ====================================================, Court of Appeals for the Fourteenth District of Texas. 102 S.W.3d 205. On 25 May 2012, Motiva officially completed its expansion of the refinery to a capacity of 600,000 bbl/d (95,000 m 3 /d) making it the largest refinery in North America and the fifth largest in the world. 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). at How BBB Processes Complaints and Reviews. More details about Motiva Enterprises LLC. @ Id. Shell argues that these circumstantial factors are either irrelevant, unrelated to Shell=s pricing, or unsupported by the record. The trial court concluded that the refiner had established its good faith as a matter of law, but the court of appeals reversed the summary judgment, concluding that circumstantial evidence raised a fact issue about the refiner=s good faith. & Com. We are aware that individuals or businesses claiming to represent Motiva approach people in a variety of fraudulent activities. 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. Office App, Consultant data engineer chez BLECKWEN 2023, International Association of Better Business Bureaus, Inc., separately incorporated Better Business Bureau organizations in the US, Canada and Mexico and BBB Institute for Marketplace Trust, Inc. All rights reserved. Reveal Beyond prohibiting discriminatory pricing, the drafters wished to minimize judicial intrusion into the setting of prices under open-price-term contracts. at 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. Bel 06-24235399 Our extensive distribution network and strategicsupply points mean our customers get what they need, when they need it.