In the present work the warranty claim legal exchange or the replacement delivery of a sale of ascertained goods will be closer considered. It is tried to work out the juridical questions, appearing in this issues and problems, thereafter to illustrate the present in the two jurisdictions views. Before on the core subjects is entered specifically, there will be a, grouped under Austrian and German law, general introduction to the respective areas to be treated of the activity type and the warranty law. Because of the Consumer Sales Directive of the European Union, the warranty law in the member states has been largely harmonized. The core area of this work deals with the question of the possibility or the admissibility of an exchange claim or a replacement delivery at a certain individual characteristics to defective performance, to ask the buyer in addition to the improvement may also granted the second available primary substitute from the legal system. For this purpose, a legal comparison between the Austrian and German law, demonstrated in professional literature opinions with the corresponding justifications. These statements are then compared with the opposing views. Finally, selected decisions of national courts are briefly illustrated, to thereby illustrate the having considerable practical relevance permanent jurisdiction.