Termite Contract Question

[Kyle Coleman]

Hello all,

I have an issue with a property that has termite damage, it's under contract and had its 5-year inspection done less than 6 months ago.  The termite damage occurred about 7 feet up the wall; which is an outside facing wall.  The termite company said there was moisture (they did the moisture reading after they sprayed a whole can of foam, not sure if it matters) in the wall so it wasn't covered because there was no visible trace of termites on the soil outside (there is a brick privacy wall that butts up to the house).  I'm curious if this is something that I should try to fight them on, and if I should - which route should I take? 

The owner of the termite company came out personally and said they would not cover it. It's not a ton of damage, so it shouldn't be that costly to fix it - but what do I have a termite contract for that doesn't cover termite damage? The location that they are saying they came in, should have been a treatable location in my opinion.

Looking for opinions if anyone has had a similar issue.  No moisture was found in the attic, which is the closest spot to where they were found. 

Thanks!

Kyle