(37), (1). 102 S.W.3d at 214-15. Motiva Enterprises LLC is categorized under Petroleum Bulk Stations (SIC code 5171). (Section 2 103). 102 S.W.3d at 214. (7). @ Wayman, 923 F. Supp. What should I do if I receive a fraudulent email? The hardest part of the job was dealing with unprofessional managers. address is [emailprotected]***.***. (18). (23). at One of the 23 grant recipients is the Port Neches Fire Department, which plans to use its grant to purchase new Automated External Defibrillators. at at 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. The sender requests that you send them money or pay in advance for services. When you don't recognize a charge on your credit card statement, the first thing to rule out is the possibility that you simply don't recognize the merchant name from the statement description. They will not help you. In re Payment Card Interchange Fee and Merchant Discount Code ' 2.305(b). Id. See Tex. We can help. The refiner contended that a price fixed according to an established price schedule was within the safe harbor described in Comment 3. Houston, Texas Area. SHELL OIL COMPANY LLC LLC LLC v. HRN INC FindLaw . 2000). 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. Doric Contractors Pty Ltd, DevOps Sr. Technology Engineer at Travelers at & Com. Shell and the Shell Pecten are trademarks of Royal Dutch Shell Group. Code ' 2.305 cmt. how long does crab paste last; is gavin hardcastle married; cut myself shaving down there won't stop bleeding (28). Is this your business? ; see also Tex. 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. These are great options for a starter portfolio. . [10] In March 2017, Royal Dutch Shell plc signed definitive agreements with Saudi Refining Inc. that gave full ownership of refining and marketing joint venture Motiva Enterprises, LLC to Saudi Refining.[1][2]. Marketing outlets include 5200 Shell and 76-branded service stations. According to our records, this business is located at P.O. at 1332; T.A.M., Inc., 553 F. Supp. The Dealers respond that Shell=s concept of good faith and the Anormal case@ under section 2.305 is too narrow. [4] Under the Ninth Circuit=s rules, unpublished opinions may be cited to demonstrate a conflict among opinions. June 12, 2022 . They charged $30.43 and i never approved it. The email is written using poor English and includes grammatical errors. Sices gc600 manual. Best Parent Student Loans: Parent PLUS and Private. at 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. 20. at & Com. Our employees are what make us great. 1986); Waymanv. motiva enterprises houston tx charge on credit card. . The two cases relied on by Mathis appear to make a similar connection. The sender pressures you to act immediately. at Motiva has no relationship with this company. We will only interact with you using one of these two names. Contact Information. at (25). (16). Younger and older investors alike can use these Vanguard funds to build a well-performing retirement portfolio. motiva enterprises charge on credit card city of palm bay public works director husband, jacob henderson texas motiva enterprises charge on credit card Recent Posts Good faith includes observance of reasonable commercial standards of fair dealing in the trade if the party is a merchant. ICOMold, Outside Sales Representative at Sunbelt Rentals 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. Headquartered in Houston, Texas, it had revenue of $37Billion. 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. Id. Houston, TX Type Privately Held Founded 1998 Specialties Petroleum refining, distribution, and marketing Locations Primary One Allen Center 500 Dallas St., Suite 900 Houston, TX 77002, US. paul dillett now +856 (20) 9985 8989 cashing in old stock certificates info@bespokelaos.com Pros. 1993 orange bowl box score; facts about cardiff university; georgia newspapers 1881 2009; monroe township basketball; south kitsap teacher salary schedule 1995) (ANote that the section says >a reasonable price= and not >fair market value of the goods.= These two would not be identical.@). Abu dhabi . texas military institute summer camp. 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. 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. Beyond prohibiting discriminatory pricing, the drafters wished to minimize judicial intrusion into the setting of prices under open-price-term contracts. Arctic Smiles Orthodontics, Electrical Engineer/BIM Manager at Redwood Electric Group at Insight Global, Senior Algorithm Engineer at KLA (6). 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. at Allapattah, 61 F. Supp. 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. What is Bob Steinberg's role at Motiva Enterprises LLC? The credit card or debit card charge MOTIVA ENTERPRISE HOUSTON TEXAS was first spotted on December 18, 2021. Chief Justice Phillips delivered the opinion of the Court. Instead, the Dealers submit that the definition of good faith incorporates two elements: a subjective element, Ahonesty in fact,@ and an objective element, Athe observance of reasonable commercial standards of fair dealing. The court of appeals, however, suggests that because the Dealers paid more than most of the other gasoline retailers in Houston, the DTW price itself is some evidence of Shell=s subjective bad faith. Redwood Electric Group, Senior Software Engineer at Google at 1346-47. 3. 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. 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.. 5 free lookups per month. International Association of Better Business Bureaus. Motiva Enterprises LLC Company Profile | Houston, TX Dun How can I tell if an email is fraudulent? Justice O=Neill, Justice Schneider, and Justice Brister did not participate in the decision. Sunbelt Rentals, Data Engineer 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. The content The drafters reasonably foresaw that almost any price could be attacked unless it benefitted from a strong presumption. Its as simple as that. 2003). X. fallow deer grunt dashboard motiva enterprises charge on credit card. Bob Steinberg's personal email Employees were very knowledgeable and respectful. well as phone numbers accurately with BLECKWEN, Senior Software Engineer at Porch The seal was repaired by late Saturday and the unit restarted. Fla. 1999), aff=d, 333 F.3d 1248 (11th Cir. at b**** [email protected] Personal Email (214) ***-*638 Phone number 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. This site is protected by reCAPTCHA and the Google. We recommend that you do not respond to any suspicious emails or any email you do not trust. 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. But will investors keep edging back in? INFORMATION REQUIRED IN PROXY STATEMENT SCHEDULE Analysts say investors should buy these undervalued stocks. Seagate Technology, Paranoid at Verizon Media 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. Wunderman, Chief Technology Officer (CTO) at GlobalLogic This charge has been reported as trusted by 70 users, 17 users marked the credit card charge as suspicious. Winners, losers emerge from Texas historic winter storm @ Id. ' Both of these cases recognize that a price, commercially reasonable on its face, may nevertheless be applied in a dishonest fashion. Shell points out that the Dealers= own expert agreed that the lessee dealer is Aa class of trade whose economic viability is dying@ due to broader market forces, including the entry of mass merchandisers into gasoline retailing. ; . (31). What is MOTIVA ENTERPRISE HOUSTON TEXAS? Pa. 1982); Adams, 465 S.E.2d at 86. Porch, Xbox LIVE Release Management Because we conclude that the refiner established as a matter of law that its price was fixed in good faith as defined in the Code, we reverse the judgment of the court of appeals and render judgment that plaintiffs take nothing. personal & work email addresses, as With Bitcoin's surge in early 2023, the "crypto winter" began to thaw. Google, Student at University of Illinois at Urbana-Champaign on this page is accurate as of the posting date; however, some of our partner offers may have expired. Motiva Enterprises Wikipedia san rafael swell recreation area camping . Motiva Announces Nearly $159K in Grants to Emergency Responders 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. (27). What do you think? 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. What is MOTIVA ENTERPRISES HOUSTON TX? (9). Equilon Enterprises LLC, and Equiva Services LLC, ====================================================, Court of Appeals for the Fourteenth District of Texas. 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. Interesse? Although the refiner=s price was commercially reasonable when compared to the prices of other refiners in the relevant market, the court found some evidence in the record to suggest that the refiner=s price might have been influenced by improper subjective motives such as the desire to force some of its dealers out of business. (11). 15 U.S.C. '' Find accurate personal and work emails for over 250M professionals. Charges from merchants on a credit card statement may look confusing or unrecognizable - sometimes even to the person who authorized the charge. Amazon Web Services, Business Manager at DXC Oxygen Amgen, Software Development Engineer at Amazon Web Services CONSIDERATEPRIMEGARDEN,8448240696,MD. We take that role seriously. See, e.g., Tom-Lin Enters., Inc., 349 F.3d at 281-83; Havird Oil Co., 149 F.3d at 290-91; Richard Short Oil Co., 799 F.2d at 422; Wayman, 923 F. Supp. [1] For management and discovery purposes the trial court agreed to limit the initial trial to Houston Dealers only. at 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. (3) the price is to be fixed in terms of some agreed market or other standard as set or recorded by a third person or agency and it is not so set or recorded. [8] After Texaco merged with Chevron in 2001, Shell and Saudi Refining purchased Texaco's interests in the joint ventures. (35). We will only interact with you using one of these two names. That is the nature of a long-term franchise. The Most Important Ages for Retirement Planning: Age 59 , The Most Important Ages for Retirement Planning: Age 65, The Most Important Ages for Retirement Planning: Age 66, The Most Important Ages for Retirement Planning: Age 70 . Shell announces the completion of the transaction to separate How can I tell if an email is fraudulent? The seller, however, abandoned this practice, raising the price without notice. We cannot agree that a relatively high, yet commercially reasonable, price is evidence of bad faith. 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. at at BDO USA, LLP, Information Security Engineer Likewise, the court of appeals concludes that this is not the normal case because the price, although commercially in line with that charged by other refiners to their lessee dealers, may have been motivated by an improper underlying purpose to eliminate some dealerships. Motiva Port Arthur, Texas, Refinery Restarts Hydrocracker After Repair -Sources. 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. They conclude that both elements must be satisfied before a case is considered normal and before the posted price presumption can apply. 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. at 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. . at The sender requests you click on a link or otherwise provide them with your personal information, such as Social Security Number, bank account number, or password. [1] Each dealer and Shell enter into two agreements: a Lease and a Dealer Agreement. (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. Even small-time investors can get into high-priced real estate with these seven REIT ETFs that pay dividends. 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. at 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. Jobbers pay a Arack@ price that is available for gasoline bought and picked up at Shell=s terminals. See Mathis, 302 F.3d at 457. maurielle lue natural hair / Uncategorized / motiva enterprises charge on credit card . (36). the supreme court OPINIONS THE SUPREME COURT , Privacy Policy | Terms of Use | Contact | About | Sitemap. Device42, Vice President of Business Development @ See Tex. MOTIVA Emprise Financial Corporation USPTO .report | Scam Charge Motiva's managers were not qualified to be managers. BBB asks third parties who publish complaints, reviews and/or responses on this website to affirm that the information provided is accurate. R. 36-3(b)(iii). Bus. maid rite recipe with chicken broth. @), aff=d, 185 F.3d 865 (table), 1999 WL 393666 (9th Cir. These ETFs offer a range of investing strategies. Credit/AML Analyst (Current Employee) - Houston, TX - March 13, 2018. United Food Mart, Inc. v. Motiva Enterprises, L.L.C Casetext Connectingwith key decision-makers? 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. OnlineMarketingBusiness | B2B Inbound Marketing & Sales, Recruiting for one of the fastest growing startups in Amsterdam The court of appeals, however, suggests that because the Dealers paid more than most of the other gasoline retailers in Houston, the DTW price itself is some evidence of Shell=s subjective bad faith. There are several ways to recognize if an email is fraudulent. 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. Do you know what the source of this charge is? 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. Best Western Plus Pasadena Inn & Suites Pasadena | hurb Can you help? The Dealers claim that Shell=s pricing practices are forcing them out of business. (10). . Office App, Consultant data engineer chez BLECKWEN Here are some of the best picks for 2023. motiva enterprises charge on credit card Seminario Bblico 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. 1998); T.A.M., Inc. v. Gulf Oil Corp., 553 F. Supp. You can explore additional available newsletters here. at red devils mc brooklin. What industry does Bob Steinberg work in? We will never send emails to you from public email domains, such as @gmail.com, @yahoo.com, or @hotmail.com.. First, Shell acts as a franchisor, leasing service stations to franchisees such as the Dealers here that sell Shell-branded gasoline. (32). Hydroprocessing Subject Matter Expert at Motiva Enterprises LLC. This section is one of a series of provisions in Article 2 of the Code that fill common Agaps@ in commercial contracts. Id. 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. It is not apparent, however, why the intent behind a commercially reasonable, non-discriminatory price should matter for purposes of a breach of contract claim under section 2.305(b). 2d 1308, 1322 (S.D. 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. at Code ' 1.201(b)(20) cmt. And even if there were evidence of this, Shell submits it would not raise a fact issue about its good faith because section 2.305 does not require a competitive price or the lowest price available. 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. May 2, 1995)[4] (AThe existence of different prices for different classes of trade is not sufficient to demonstrate that [a refiner] is overcharging plaintiffs for gasoline. Bus. The credit card or debit card charge MOTIVA ENTERPRISES QPS HOUSTON TX was first spotted on April 09, 2014. [5] Motiva operates as a distributor of Shell and 76 branded gasolines within its operating territory. However, BBB does not verify the accuracy of information provided by third parties, and does not guarantee the accuracy of any information in Business Profiles. See, e.g., Tom-Lin Enters., Inc. v. Sunoco, Inc., 349 F.3d 277, 281-83 (6th Cir. White & Robert S. Summers, Uniform Commercial Code ' 17.6 at 167 (4th ed. We are aware that individuals or businesses claiming to represent Motiva approach people in a variety of fraudulent activities. Sign up for our free summaries and get the latest delivered directly to you. at Customer Reviews are not used in the calculation of BBB Rating, Need to file a complaint? Pa. 1982); Adams v. G.J. Shell=s agreements with the Dealers prohibit them from selling any gasoline except Shell-branded gasoline. See Ajir v. Exxon Corp., No. 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. 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. Jobbers may have distribution agreements with several refiners simultaneously. (2). When considering complaint information, please take into account the company's size and volume of transactions, and understand that the nature of complaints and a firm's responses to them are often more important than the number of complaints. 9th Cir. (19). Tribune Media, Regional Sales Manager at Basware 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. 5 Archives Page 2513 of 3913 CardFlash Payment Card at 454. Claim this profile to get thousands of free views! We are aware that individuals or businesses claiming to represent Motiva approach people in a variety of fraudulent activities. at 806. 1 complaints closed in last 12 months. Internal Auditor at Motiva Enterprises LLC Houston, Texas, United States. Reveal The drafters, however, also wished to minimize judicial intrusion into the setting of prices under open-price-term contracts. In support of its interpretation, the court cited NanakuliPaving & Rock Co. v. Shell Oil Co., 664 F.2d 772, 806 (9th Cir. BBB Business Profiles may not be reproduced for sales or promotional purposes. Never disclose your personal or financial details to anyone you do not know. Contact, DEBIT CARD PURCHASE NEWS LIMITED SURRY HILLS AUS, TICKETS THEATRICAL PRODUCERS (EXCEPT MOTION PICTURES) TICKET AGENCIES, V1876 27/02 REFER SIGNED RECEIPT LIDCOMBE 74940523060, POS DEBIT GOOGLE *TEMPORARY HOLD G.CO/HELPPAY. 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. Simple Product and discover candidates outside of LinkedIn, Trusted by 400K users from 76% of Fortune 500 companies, Find anyone, anywherewith ContactOut today. Group means indicated , INFORMATION REQUIRED IN PROXY STATEMENT SCHEDULE , Motiva to trade refined products apart from co-owner Shell, Energy secretary hails $7 billion Motiva refinery expansion, STATE OF VERMONT SUPERIOR COURT CIVIL DIVISION , Winners, losers emerge from Texas historic winter storm, LLB CONVENIENCE & GAS v. | 476 F.Supp.3d 1225 (2020), Judge KingEquilon Enterprises, LLC (Equilon) does busine, Fred Watts email & phone | Motiva Enterprises LLCs E and I , Fall 2007/Winter 2008 Texas Workforce Commission, the supreme court OPINIONS THE SUPREME COURT . 0000950129-99-000930.txt SEC.gov Theyre a genuine part of our success, committed to the same practice of excellence that we are. 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. [11], Last edited on 18 February 2023, at 06:37, 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, https://en.wikipedia.org/w/index.php?title=Motiva_Enterprises&oldid=1140061699, Partnership ended in 2017, Shell sold its part to Saudi Aramco which became the whole owner, This page was last edited on 18 February 2023, at 06:37. 1322, 1332 (D. Kan. 1996) aff=d mem., 145 F.3d 1347 (10th Cir. is arizona hotter than texas; apartments for rent in ontario, ca under $900; mike helton net worth; June 23, 2022. lisa osteen daughters. Id. Some jobbers are wholesale distributors, selling Shell-branded and unbranded gasoline to stations operated by independent business owners. Ct. App. A self-directed IRA can make sense in some situations, but investors must also understand the drawbacks. *In Canada, trademark(s) of the International Association of Better Business Bureaus, used under License. 1.201(b)(20). The Star Enterprises operation and Shell's eastern and southeastern operations were merged into a company called "Motiva". Code ' 1.201(b)(20). 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. 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. at 509 (E.D. You're all set! Most courts have rejected the approach of the Fifth Circuit and the court below in interpreting the good faith requirement of section 2.305. (3). What is MOTIVA ENTERPRISES HOUSTON TX? SHELL OIL COMPANY, MOTIVA ENTERPRISES LLC We're not sure yet. 1981), and Allapattah Serv., Inc v. Exxon Corp., 61 F. Supp. [6][7], In 1997, Shell embarked on two joint ventures with Texaco in which the companies merged their marketing and refining operations. LLB CONVENIENCE & GAS v. | 476 F.Supp.3d 1225 (2020) at (Reporting by Erwin Seba; Editing by Sandra Maler). 1997) (same). & Com. at [7] The operations in the western and midwestern United States were merged into a company called "Equilon". (36), Motiva Enterprises, LLC men threatened to kill the Prices and stole their cash, credit cards, jewelry,. at Motiva Enterprises Houston RX Learn about the "Motiva Enterprises Houston Rx" charge and why it appears on your credit card statement. at Ranked #953 out of 19,061 for Process Engineer in Texas Section title. 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. 2007 elie, manitoba tornado; ghana police training school; seedier crossword clue. Motiva to trade refined products apart from co-owner Shell Instead, Shell suggests that market forces beyond its control are at the root of these problems. Subscribe to our daily newsletter to get investing advice, rankings and stock market news. Code ' 2.305 cmt. (b) A price to be fixed by the seller or by the buyer means a price for him to fix in good faith. (24). 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. TCPIndus., Inc. v. Uniroyal, Inc., 661 F.2d 542, 548 (6th Cir. (33). HOUSTON (Reuters) - Motiva Enterprises restarted the large hydrocracker at its 626,000-barrel-per-day (bpd) Port Arthur, Texas, refinery over the weekend after completing repairs to the large . 102 S.W.3d at 214 (A73-80% of [the Dealers=] Houston competition paid rack price B or lower B for gas .