New, out of the box guitars should not be fretting out, nor should the intonation be so out of wack it drops by a half step... DANGER WILL ROBINSON!!!
Tune that rascal with a tuner only using open strings.
A quick easy way to tell.... Play an e chord in the first position, then play an e chord on the 12th fret. If it is out of tune at the 12th but in tune with the open e, you have intonation issues.
OR...
If you have an electronic tuner, tune the e open, then fret it at the 12th fret it is a few cents off of an e that means a minor adjustment to that string, if it rings to an f, a little more adjustment. If the frets need filing that bad with an instrument right out of the box.... TAKE IT BACK.
PEACE,
Phil