Wrong delivery
The wrong delivery (lat. Aliud ) is a term from the German sales contract law , which means the delivery of something other than the agreed item.
Since the modernization of the law of obligations with effect from January 1, 2002 ( law of obligations reform 2002 ), a wrong delivery is equivalent to a material defect ( § 434 Paragraph 3 BGB ) and leads to a warranty with the claims for defects mentioned in § 437 BGB.
The Austrian General Civil Code has not followed this change, so a distinction must still be made here.
